BeauLac v. BeauLac
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| 20010316 |
John Robert BeauLac, Plaintiff and Appellant
v.
Donna Gail BeauLac, Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge David W. Nelson |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
06/2002 Argument: 06/05/2002 02:45pm
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| ND cite: |
2002 ND 126
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| NW cite: |
649 N.W.2d 210
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| Issues: |
Appellant's Statement of the Issues:
1) Whether the lower court erred in not granting custody of both children to Plaintiff John BeauLac;
2) Whether the lower court erred in not finding Defendant Donna BeuaLac in contempt of court; and,
3) Whether the lower court erred in not finding a pattern of abuse relating to the children on the part of Donna and not applying a presumption in favor of John for receiving custody of both children.
Appellee's Statement of the Issues:
1. Whether the lower court correctly changed custody of Janessa to John based on exceptional circumstances.
2. Whether there was a court order to be violated;
3. Whether there was credible evidence of domestic violence supporting a pattern and in time reasonably proximate to the proceedings.
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| 1 | | 12/26/2001 | |
NOTICE OF APPEAL: 12/21/2001 |
| 2 | | 12/26/2001 | |
ORDER FOR TRANSCRIPT (Jean Carrier): 12/21/2001 |
| 3 | | 01/24/2002 | |
RECORD ON APPEAL (4 vols.), Exhibits, Deposition (1), & original Transcripts dated |
| 4 | | 01/24/2002 | |
2-2-98, 6-22-00, 5-17-01, and 6-27-01 |
| 5 | | 02/08/2002 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 02/08/2002 | |
ACTION BY TRIAL COURT |
| 7 | | 02/08/2002 | |
TRANSCRIPT DATED November 28, 2001 |
| 8 | | 02/11/2002 | |
DISK - TRA (11-28-01) |
| 9 | | 02/13/2002 | |
DISK - transcript dated May 17, 2001; not prepared in compliance with the rules as it was prepared |
| 10 | | 02/13/2002 | |
and submitted as part of the Record on Appeal |
| 11 | | 03/19/2002 | |
MOT. EXT/TIME APPELLANT BRIEF (Faxed) |
| 12 | | 03/19/2002 | |
ACTION BY CLERK. Granted: 04/03/2002 |
| 13 | | 03/21/2002 | |
Original of Mot. Ext/Time ATB |
| 14 | | 04/04/2002 | |
APPELLANT BRIEF |
| 15 | | 04/04/2002 | |
APPELLANT APPENDIX |
| 16 | | 04/05/2002 | |
MOT. EXT/TIME APPELLANT BRIEF (letter dated 04-04-02 from Lynn Boughey) |
| 17 | | 04/05/2002 | |
ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 04/04/2002 |
| 18 | | 04/05/2002 | |
DISK - ATB |
| 19 | | 05/03/2002 | |
MOT. EXT/TIME APPELLEE BRIEF (fax) |
| 20 | | 05/03/2002 | |
ACTION BY CLERK (w/understanding OA to be held in June). Granted: 05/10/2002 |
| 21 | | 05/06/2002 | |
Original Motion for Extension to File Brief & Aff./Mailing (acted on 5-3-02 via fax) |
| 22 | | 05/10/2002 | |
APPELLEE BRIEF |
| 23 | | 05/13/2002 | |
DISK - AEB |
| 24 | | 06/05/2002 | |
APPEARANCES: Lynn M. Boughey, John BeauLac; Richard L. Hagar, Donna BeauLac |
| 25 | | 06/05/2002 | |
ARGUED: Boughey; Hagar (Vol. Y; p. 4-B) |
| 26 | | 06/05/2002 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 06/11/2002 | |
Letter from Lynn Boughey dated 6-10-02 w/ attachment |
| 28 | | 08/15/2002 | |
DISPOSITION: AFFIRMED |
| 29 | | 08/15/2002 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 30 | | 08/15/2002 | |
(CONCUR IN RESULT): Maring, Mary Muehlen: CON/RES |
| 31 | | 08/15/2002 | |
Costs on appeal taxed in favor of appellee |
| 32 | | 08/16/2002 | |
Judgment Mailed to Parties |
| 33 | | 09/11/2002 | |
MANDATE |
| 34 | | 09/17/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 35 | | 10/12/2007 | |
EXPUNGED - Nonpermanent record items destroyed |