Sommers v. Sommers

20020149 Dennis Sommers, Plaintiff and Appellee
v.
Nancy Sommers, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Sherry Mills Moore
Appellee: Irvin B. Nodland, PC
Term: 01/2003   Argument: 01/24/2003  9:30am
ND cite: 2003 ND 77
NW cite: 660 N.W.2d 586

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Issues: Appellant's Statement of the Issues:
A. After a 26 year marriage with an income disparity of $650,000 annually for the advantaged spouse compared to $1,000 for the disadvantaged spouse, the court erred by failing to award permanent spousal support.
B. The reduction of support to $6,000 per month after four years is not supported by the law, the findings or the evidence.
C. By accepting a value for the business premised upon liquidation rather than going concern, and an appraisal made outside the accepted practices, the trial court erroneously applied the law governing property division.

Appellee's Statement of the Issues:
1. She contends the trial court should have awarded permanent spousal support.
2. She contends the trial court should not have reduced her initial spousal support of $15,418 monthly to $6,000 monthly after 48 months.
3. She contends the trial court used "liquidation value" to value Dennis Sommers's orthodontic practice and should have use a "going concern" value.

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Docket entries:
106/12/2002 NOTICE OF APPEAL: 06/10/2002
206/12/2002 ORDER FOR TRANSCRIPT: 06/10/2002
306/17/2002 RETENTION OF RECORD ON APPEAL: 07/30/2002
407/29/2002 MOT. EXT/TIME TRANSCRIPT
507/29/2002 ACTION BY TRIAL COURT. Granted: 09/08/2002
609/05/2002 TRANSCRIPT DATED February 13 & 14, 2002
709/05/2002 DISK of TRA
809/09/2002 RECORD ON APPEAL & Exhibits
909/12/2002 MOT. EXT/TIME APPELLANT BRIEF (Letter from Sherry Mills Moore dated 9-11-02)
1009/12/2002 ACTION BY CLERK. Granted: 10/28/2001
1110/25/2002 APPELLANT BRIEF
1210/25/2002 APPELLANT APPENDIX
1310/25/2002 DISK - ATB
1410/30/2002 MOT. EXT/TIME APPELLEE BRIEF
1510/30/2002 ACTION BY CLERK. Granted: 12/30/2002
1612/10/2002 MOTION TO DISMISS APPEAL OF APPELLANT, BRIEF IN SUPPORT & AFFIDAVIT. RspDue: 12/23/2002
1712/23/2002 Return to Motion to Dismiss & Brief in Support
1812/30/2002 APPELLEE BRIEF
1912/30/2002 APPELLEE APPENDIX
2001/02/2003 NO ACTION TAKEN (Motion to Dismiss Appeal and Return will be considered w/the merits)
2101/07/2003 Corrected TOA and pages 5,7,8,&12 for AEB
2201/07/2003 DISK - AEB (E-mailed)
2301/15/2003 REPLY BRIEF
2401/15/2003 DISK - ryb
2501/23/2003 APPEARANCES: Sherry Mills Moore, Nancy Sommers; Irvin B. Nodland
2601/23/2003 ARGUED: Moore; Nodland (Vol. Y; Page 83)
2701/23/2003 ORAL ARGUMENT WEBCAST
2805/06/2003 DISPOSITION (AFFIRMED IN PART): REVERSED/PT AND REMANDED
2905/06/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning
3005/06/2003 (CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES
3105/06/2003 Costs on appeal taxed in favor of appellant
3205/07/2003 Order/Judgment Mailed to Parties
3305/19/2003 PETITION FOR REHEARING
3405/20/2003 DISK - PER
3506/03/2003 ACTION BY SUPREME COURT (PER). Denied
3606/11/2003 MANDATE
3706/18/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3807/30/2008 EXPUNGED - Nonpermanent record items destroyed

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