Johnson v. Johnson

20010288 Antonyio Johnson, Plaintiff and Appellee
v.
Madonna L. Johnson, Defendant and Appellant
and
Jessica Clayton, also known as Jessica
Johnson, through her Guardian ad Litem,
Lynn Kerbeshian; David Clayton, as the
natural father of Jessica Clayton a/k/a
Johnson; and Michelle Clayton as the
natural mother of Jessica Clayton
a/k/a Johnson, Third Party Defendants

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Kirk Smith
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Henry H. Howe
Appellee: Steven James Simonson
Term: 06/2002   Argument: 06/25/2002  9:30am
ND cite: 2002 ND 151
NW cite: 652 N.W.2d 315

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.That it was clearly erroneous and/or an abuse of discretion for the court, in view of the fact that an equitable adoption of Jessica had taken place during the marriage of the parties, to fail to order the plaintiff to pay child support for Jessica for the period 01 January 1999 through July 2001, and to permit a below guideline payment for August and September 2001.
2. That it was clearly erroneous and/or an abuse of discretion for the court to fail to equitably divide the respective entitlement that each of the parties had to an interest in military retirement, in accordance with the "Bullock Formula".
3. That it was clearly erroneous for the court fail to award, or even reserve, temporary or permanent spousal support for Madonna Johnson.
4. That the District Court, in ruling on the procedural issues of the case, and the issues of child support, division of military retirement, and award or reservation of spousal support, displayed an unwillingness to recognize the decision of the Supreme Court in Johnson v. Johnson, 2000 ND 170, and exhibited bias toward Madonna and that, on remand, the case should be reassigned to another Judge.

Appellee's Statement of the Issues:
I. The trial court ruling, with respect to child support, should be upheld.
II. The trial court did not err in its decision to not allocate military retirement income among the parties.
III. The trial court's order regarding spousal support is not erroneous.
IV. Appellant's request for reassignment of judge upon remand.

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Docket entries:
111/23/2001 NOTICE OF APPEAL: 11/19/2001
211/23/2001 ORDER FOR TRANSCRIPT: 11/19/2001
311/27/2001 Acknowledgement of Notice of Appeal & Order for Transcript from Audrey Timberman
412/17/2001 RECORD ON APPEAL (2 vols), Exhibits, & Trans. (1) (Not rec'd: #60--Return Receipt)
501/16/2002 TRANSCRIPT DATED October 3, 2001
601/16/2002 DISK - TRA of October 3, 2001 (Scanned)
701/16/2002 DISK NONCOMPLIANCE - TRA of Oct 3, 2001 (see ltr from Ms. Timberman dated 1-14-02)
802/27/2002 MOT. EXT/TIME APPELLANT BRIEF
902/27/2002 ACTION BY CLERK (MAT). Granted: 03/07/2002
1003/07/2002 APPELLANT BRIEF
1103/07/2002 APPELLANT APPENDIX
1203/11/2002 DISK - ATB (e-mailed)
1304/05/2002 MOT. EXT/TIME APPELLEE BRIEF/Consent and Stipulation (Faxed)
1404/05/2002 ACTION BY CHIEF DEPUTY CLERK (MAE). Granted: 05/07/2002
1504/08/2002 Orig. Mot. Ext/Time Appellee Brief/Consent and Stipulation
1605/07/2002 APPELLEE BRIEF
1705/08/2002 DISK - aeb
1805/28/2002 Request for Radio/TV Coverage (AP) (e-mail from Dale Wetzel dated 5-26-02) (APPRVOED)
1906/25/2002 APPEARANCES: Henry H. Howe; Steven J. Simonson
2006/25/2002 ARGUED: Howe; Simonson (Vol. Y; Page 8)
2106/25/2002 ORAL ARGUMENT WEBCAST
2209/20/2002 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
2309/20/2002 SPLIT OPINION: VandeWalle, Gerald W.
2409/20/2002 (CONCUR and DISSENT): Sandstrom, Dale V.: CON/DIS
2509/20/2003 At the direction of the Court there will be no costs taxed on this appeal
2609/20/2002 Order/Judgment Mailed to Parties
2710/14/2002 MANDATE
2810/17/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2910/15/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/21/2014