Giese v. Giese
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| 20020168 |
Robert D. Giese, Plaintiff and Appellant
v.
Eva Giese, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Donald L. Jorgensen |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
10/2002 Argument: 10/29/2002 02:45pm
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| ND cite: |
2002 ND 194
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| NW cite: |
653 N.W.2d 663
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the district court erred in denying Robert Giese's demand for change of judge and, as a result, all subsequent orders issued by the challenged judge are void?
2. Whether the district court erred in granting Eva Giese's motion to enforce/amend judgment?
3. Whether the district court abused its discretion by sanctioning Robert Giese for filing a reply brief after district court issued order on pending motion to reconsider, but before deadline for filing reply brief expired?
4. Whether the district court abused its discretion in denying Robert Giese's motion for costs?
Appellee's Statement of the Issues:
I. Is Mrs. Giese's motion to enforce the judgment and for necessary information a motion to modify an existing judgment? If not, the court's denial of a change of judge is appropriate.
II. Did the lower court abuse its discretion in granting Mrs. Giese's motion, the $100 sanction against Mr. Giese, or denying Mr. Giese's request for attorney fees?
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| 1 | | 06/27/2002 | |
NOTICE OF APPEAL: 06/26/2002 |
| 2 | | 07/16/2002 | |
Amended Notice of Appeal filed in trial court 7-15-02 |
| 3 | | 07/30/2002 | |
RECORD ON APPEAL and exhibits |
| 4 | | 07/30/2002 | |
Record contained a Notice of Appeal from subsequent order which was filed July 2, 2002 |
| 5 | | 08/02/2002 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 6 | | 08/02/2002 | |
ACTION BY CLERK (MAT). Granted: 08/12/2002 |
| 7 | | 08/12/2002 | |
APPELLANT BRIEF |
| 8 | | 08/12/2002 | |
APPELLANT APPENDIX |
| 9 | | 08/13/2002 | |
DISK - ATB |
| 10 | | 09/05/2002 | |
APPELLEE BRIEF |
| 11 | | 09/05/2002 | |
DISK - AEB |
| 12 | | 09/23/2002 | |
REPLY BRIEF of Appellant |
| 13 | | 09/24/2002 | |
DISK - ryb |
| 14 | | 10/25/2002 | |
Supplemental Clerk's Certificate dated 10-24-02 (Entry Nos. 145 & 146) |
| 15 | | 10/29/2002 | |
APPEARANCES: Arnold V. Fleck; Richard B. Baer |
| 16 | | 10/29/2002 | |
ARGUED: Fleck; Baer (Vol. Y; Page 47) |
| 17 | | 10/29/2002 | |
ORAL ARGUMENT WEBCAST |
| 18 | | 11/01/2002 | |
Clerk's Second Supplemental Certificate of Record dated October 31, 2002, with entry 147 attached |
| 19 | | 12/04/2002 | |
DISPOSITION: AFFIRMED |
| 20 | | 12/04/2002 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 21 | | 12/04/2002 | |
Costs on appeal taxed in favor of appellee |
| 22 | | 12/05/2002 | |
Order/Judgment Mailed to Parties |
| 23 | | 12/27/2002 | |
MANDATE |
| 24 | | 12/31/2002 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 25 | | 08/01/2008 | |
EXPUNGED - Nonpermanent record items destroyed |