Sommers v. Sommers
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| 20020149 |
Dennis Sommers, Plaintiff and Appellee
v.
Nancy Sommers, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Thomas J. Schneider |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
01/2003 Argument: 01/24/2003 09:30am
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| ND cite: |
2003 ND 77
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| NW cite: |
660 N.W.2d 586
Listen to recording of oral argument
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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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| 1 | | 06/12/2002 | |
NOTICE OF APPEAL: 06/10/2002 |
| 2 | | 06/12/2002 | |
ORDER FOR TRANSCRIPT: 06/10/2002 |
| 3 | | 06/17/2002 | |
RETENTION OF RECORD ON APPEAL: 07/30/2002 |
| 4 | | 07/29/2002 | |
MOT. EXT/TIME TRANSCRIPT |
| 5 | | 07/29/2002 | |
ACTION BY TRIAL COURT. Granted: 09/08/2002 |
| 6 | | 09/05/2002 | |
TRANSCRIPT DATED February 13 & 14, 2002 |
| 7 | | 09/05/2002 | |
DISK of TRA |
| 8 | | 09/09/2002 | |
RECORD ON APPEAL & Exhibits |
| 9 | | 09/12/2002 | |
MOT. EXT/TIME APPELLANT BRIEF (Letter from Sherry Mills Moore dated 9-11-02) |
| 10 | | 09/12/2002 | |
ACTION BY CLERK. Granted: 10/28/2001 |
| 11 | | 10/25/2002 | |
APPELLANT BRIEF |
| 12 | | 10/25/2002 | |
APPELLANT APPENDIX |
| 13 | | 10/25/2002 | |
DISK - ATB |
| 14 | | 10/30/2002 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 15 | | 10/30/2002 | |
ACTION BY CLERK. Granted: 12/30/2002 |
| 16 | | 12/10/2002 | |
MOTION TO DISMISS APPEAL OF APPELLANT, BRIEF IN SUPPORT & AFFIDAVIT. RspDue: 12/23/2002 |
| 17 | | 12/23/2002 | |
Return to Motion to Dismiss & Brief in Support |
| 18 | | 12/30/2002 | |
APPELLEE BRIEF |
| 19 | | 12/30/2002 | |
APPELLEE APPENDIX |
| 20 | | 01/02/2003 | |
NO ACTION TAKEN (Motion to Dismiss Appeal and Return will be considered w/the merits) |
| 21 | | 01/07/2003 | |
Corrected TOA and pages 5,7,8,&12 for AEB |
| 22 | | 01/07/2003 | |
DISK - AEB (E-mailed) |
| 23 | | 01/15/2003 | |
REPLY BRIEF |
| 24 | | 01/15/2003 | |
DISK - ryb |
| 25 | | 01/23/2003 | |
APPEARANCES: Sherry Mills Moore, Nancy Sommers; Irvin B. Nodland |
| 26 | | 01/23/2003 | |
ARGUED: Moore; Nodland (Vol. Y; Page 83) |
| 27 | | 01/23/2003 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 05/06/2003 | |
DISPOSITION (AFFIRMED IN PART): REVERSED/PT AND REMANDED |
| 29 | | 05/06/2003 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 30 | | 05/06/2003 | |
(CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES |
| 31 | | 05/06/2003 | |
Costs on appeal taxed in favor of appellant |
| 32 | | 05/07/2003 | |
Order/Judgment Mailed to Parties |
| 33 | | 05/19/2003 | |
PETITION FOR REHEARING |
| 34 | | 05/20/2003 | |
DISK - PER |
| 35 | | 06/03/2003 | |
ACTION BY SUPREME COURT (PER). Denied |
| 36 | | 06/11/2003 | |
MANDATE |
| 37 | | 06/18/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 07/30/2008 | |
EXPUNGED - Nonpermanent record items destroyed |