Larson v. Larson

20020129 Robert A. Larson, Plaintiff and Appellant
v.
Patricia A. Larson, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Traill County
Judge Cynthia Rothe-Seeger
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Howe & Seaworth
Appellee: Pearson Christensen & Clapp, PLLP
Term: 11/2002   Argument: 11/07/2002  10:45am
ND cite: 2002 ND 196
NW cite: 653 N.W.2d 869

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Issues: Appellant's Statement of the Issues:
1. That the court erred in failing to grant a new trial, and/or relief from judgment pursuant to rules 59 and 60, north dakota rules of civil procedure.
A. That the court erred in considering the facts, and applying the correct legal standard on the issue of robert larson's over-medication on the morning of 04 jan 2001.
B. That the court erred in considering the facts, and in applying the correct legal standard, on the issue of the unrecorded chambers conference at which robert larson was not present.
2. That the court erred in failing to grant robert larson's motion for amended findings of fact, conclusions of law, and order for issuance of amended judgment to include the following findings of fact.
A. That the paragraph regarding the property transfer of the sum of $75,330 from the ameritrade account be modified so that it reflects a transfer from the account and not a cash distribution to the defendant.
B. That the full, complete, and accurate legal descriptions of each parcel of real property be included in the judgment.
C. That the tax consequences of all parcels of real property be adequately addressed and apportioned between the parties.

Appellee's Statement of the Issues:
1.Does this Court have Jurisdiction over Robert's appeal?
2.Did the trial court err in denying the Plaintiff's motion to reconsider the Court's Order dated December 5, 2002 wherein the trial court denied the Plaintiff's motion for a new trial and/or relief from judgment pursuant to Rules 59 and 60 of the North Dakota Rules of Civil Procedure and the Court further denied the Plaintiff's motion to amend the Findings of Fact, Conclusions of Law, and Order for Judgment?


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Docket entries:
105/28/2002 NOTICE OF APPEAL: 05/23/2002
205/28/2002 ORDER FOR TRANSCRIPT: 05/23/2002
306/06/2002 TRANSCRIPT DATED 3-19-02
406/05/2002 DISK - TRA dated 3-19-02 (e-mailed)
506/18/2002 RECORD ON APPEAL (2 volumes & separates (transcripts))
607/17/2002 MOT. EXT/TIME APPELLANT BRIEF
707/17/2002 ACTION BY CLERK (MAT). Granted: 08/15/2002
808/15/2002 APPELLANT BRIEF
908/16/2002 APPELLANT APPENDIX
1008/29/2002 DISK - ATB
1108/29/2002 Corrected Table of Authorities (inserted into ATB)
1209/03/2002 MOT. EXT/TIME APPELLEE BRIEF & Affidavit (via facsimile)
1309/03/2002 ACTION BY CHIEF JUSTICE (with understanding that oral argument will be in November). Granted: 10/16/2002
1409/04/2002 Original Motion and Affidavit
1510/15/2002 APPELLEE BRIEF
1610/15/2002 APPELLEE APPENDIX
1710/16/2002 DISK - AEB
1810/22/2002 Corrected title page for AEB
1910/22/2002 Table of Contents for Appellee's Appendix
2011/06/2002 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
2111/06/2002 SITTING WITH THE COURT: Jorgensen, Donald L.
2211/06/2002 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
2311/07/2002 SITTING WITH THE COURT: Olson, Everett Nels
2411/07/2002 APPEARANCES: Henry H. Howe; Douglas A. Christensen
2511/07/2002 ARGUED: Howe; Christensen (Vol. Y; Page 51)
2611/07/2002 ORAL ARGUMENT WEBCAST
2711/12/2002 MOTION TO SUPPLEMENT THE RECORD
2811/13/2002 Clerk's Supplemental Cert. of Record on Appeal dated November 12, 2002, with entries 81 & 82
2911/13/2002 NO SEPARATE ACTION TAKEN on Motion to Supplement the Record
3012/10/2002 DISPOSITION (and Remanded): AFFIRMED
3112/10/2002 UNANIMOUS OPINION: Neumann, William A.
3212/10/2002 Costs on appeal taxed in favor of appellee
3312/10/2002 Judgment Mailed to Parties
3412/11/2002 Corrected/Substitute Opinion Page 5
3501/02/2003 MANDATE
3601/06/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3707/29/2008 EXPUNGED - Nonpermanent record items destroyed

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