Larson v. Larson
Robert A. Larson, Plaintiff and Appellant
Patricia A. Larson, Defendant and Appellee
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||11/2002  Argument: 11/07/2002|
|ND cite:||2002 ND 196|
653 N.W.2d 869
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20020129 RSS|
|1||05/28/2002 NOTICE OF APPEAL: 05/23/2002|
|2||05/28/2002 ORDER FOR TRANSCRIPT: 05/23/2002|
|3||06/06/2002 TRANSCRIPT DATED 3-19-02|
|4||06/05/2002 DISK - TRA dated 3-19-02 (e-mailed)|
|5||06/18/2002 RECORD ON APPEAL (2 volumes & separates (transcripts))|
|6||07/17/2002 MOT. EXT/TIME APPELLANT BRIEF|
|7||07/17/2002 ACTION BY CLERK (MAT). Granted: 08/15/2002|
|8||08/15/2002 APPELLANT BRIEF|
|9||08/16/2002 APPELLANT APPENDIX|
|10||08/29/2002 DISK - ATB|
|11||08/29/2002 Corrected Table of Authorities (inserted into ATB)|
|12||09/03/2002 MOT. EXT/TIME APPELLEE BRIEF & Affidavit (via facsimile)|
|13||09/03/2002 ACTION BY CHIEF JUSTICE (with understanding that oral argument will be in November). Granted: 10/16/2002|
|14||09/04/2002 Original Motion and Affidavit|
|15||10/15/2002 APPELLEE BRIEF|
|16||10/15/2002 APPELLEE APPENDIX|
|17||10/16/2002 DISK - AEB|
|18||10/22/2002 Corrected title page for AEB|
|19||10/22/2002 Table of Contents for Appellee's Appendix|
|20||11/06/2002 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|21||11/06/2002 SITTING WITH THE COURT: Jorgensen, Donald L.|
|22||11/06/2002 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen|
|23||11/07/2002 SITTING WITH THE COURT: Olson, Everett Nels|
|24||11/07/2002 APPEARANCES: Henry H. Howe; Douglas A. Christensen|
|25||11/07/2002 ARGUED: Howe; Christensen (Vol. Y; Page 51)|
|26||11/07/2002 ORAL ARGUMENT WEBCAST|
|27||11/12/2002 MOTION TO SUPPLEMENT THE RECORD|
|28||11/13/2002 Clerk's Supplemental Cert. of Record on Appeal dated November 12, 2002, with entries 81 & 82|
|29||11/13/2002 NO SEPARATE ACTION TAKEN on Motion to Supplement the Record|
|30||12/10/2002 DISPOSITION (and Remanded): AFFIRMED|
|31||12/10/2002 UNANIMOUS OPINION: Neumann, William A.|
|32||12/10/2002 Costs on appeal taxed in favor of appellee|
|33||12/10/2002 Judgment Mailed to Parties|
|34||12/11/2002 Corrected/Substitute Opinion Page 5|
|36||01/06/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|37||07/29/2008 EXPUNGED - Nonpermanent record items destroyed|