Kelly v. Kelly
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| 20010165 |
Delmer T. Kelly, Plaintiff and Appellee
v.
Susan C. Kelly, Defendant and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Everett Nels Olson |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
12/2001 Argument: 12/11/2001 01:30pm
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| ND cite: |
2002 ND 37
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| NW cite: |
640 N.W.2d 38
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court erred in finding a significant change in circumstances?
II. Whether the trial court erred in its application of the second step of the modification of custody test because it did not gauge the children's best interests against the need for maintaining stability and continuity between the custodial parent
and children?
Appellee's Statement of the Issues:
1.Whether the Trial Court erred in finding a significant change in circumstances?
2.Whether the Trial Court erred in its application of the second step of the modification of custody test because it did not gauge the children's best interests against the need for maintaining stability and continuity between the custodial parent
and the children?
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| 1 | | 07/02/2001 | |
NOTICE OF APPEAL: 06/29/2001 |
| 2 | | 07/02/2001 | |
ORDER FOR TRANSCRIPT: 06/29/2001 |
| 3 | | 07/09/2001 | |
RETENTION OF RECORD ON APPEAL (Renee L. Hermanson): 08/18/2001 |
| 4 | | 08/15/2001 | |
RECORD ON APPEAL & EXHIBITS |
| 5 | | 08/15/2001 | |
TRANSCRIPT DATED May 17 & 18, 2001 |
| 6 | | 08/16/2001 | |
DISK - TRA (5/17/01 & 5/18/01) |
| 7 | | 09/19/2001 | |
MOT. EXT/TIME APPELLANT BRIEF & Aff/Support (Faxed copy) |
| 8 | | 09/19/2001 | |
ACTION BY CLERK. Granted: 10/01/2001 |
| 9 | | 09/20/2001 | |
Original MAT & Aff/Support, & Cert/Serv |
| 10 | | 10/01/2001 | |
APPELLANT BRIEF |
| 11 | | 10/01/2001 | |
APPELLANT APPENDIX |
| 12 | | 10/08/2001 | |
Corrected TOA and page 8 for ATB |
| 13 | | 10/08/2001 | |
DISK of ATB |
| 14 | | 10/30/2001 | |
APPELLEE BRIEF |
| 15 | | 11/08/2001 | |
8 cc of TOA & corrected pgs. for AEB |
| 16 | | 11/08/2001 | |
DISK of AEB |
| 17 | | 12/11/2001 | |
APPEARANCES: Jeff L. Nehring, Susan C. Kelly; Todd L. Cresap, Delmer T. Kelly |
| 18 | | 12/11/2001 | |
ARGUED: Nehring; Cresap (Vol. X; page 184) |
| 19 | | 12/11/2001 | |
ORAL ARGUMENT WEBCAST |
| 20 | | 02/21/2002 | |
DISPOSITION: AFFIRMED |
| 21 | | 02/21/2002 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 22 | | 02/21/2002 | |
CONCURRING IN RESULT: Maring, Mary Muehlen: CON/RES |
| 23 | | 02/21/2002 | |
Join in CONCURRING IN RESULT: Neumann, William A.: JN/CON |
| 24 | | 02/21/2002 | |
CONCURRING SPECIALLY: Neumann, William A.: CONCUR |
| 25 | | 02/21/2002 | |
Costs taxed in favor of Appellee Delmer T. Kelly |
| 26 | | 02/21/2002 | |
Order/Judgment Mailed to Parties |
| 27 | | 03/15/2002 | |
MANDATE |
| 28 | | 03/19/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 29 | | 09/12/2007 | |
EXPUNGED - Nonpermanent record items destroyed |