Giese v. Giese
Robert D. Giese, Plaintiff and Appellant
Eva Giese, Defendant and Appellee
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||10/2002  Argument: 10/29/2002|
|ND cite:||2002 ND 194|
653 N.W.2d 663
Listen to recording of oral argument in MP3 format
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|
|24||12/31/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||08/01/2008 EXPUNGED - Nonpermanent record items destroyed|