Giese v. Giese

20020168 Robert D. Giese, Plaintiff and Appellant
v.
Eva Giese, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Donald L. Jorgensen
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Fleck Law Office
Appellee: Richard B. Baer
Term: 10/2002   Argument: 10/29/2002  2:45pm
ND cite: 2002 ND 194
NW cite: 653 N.W.2d 663

Listen to recording of oral argument in MP3 format

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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Docket entries:
106/27/2002 NOTICE OF APPEAL: 06/26/2002
207/16/2002 Amended Notice of Appeal filed in trial court 7-15-02
307/30/2002 RECORD ON APPEAL and exhibits
407/30/2002 Record contained a Notice of Appeal from subsequent order which was filed July 2, 2002
508/02/2002 MOT. EXT/TIME APPELLANT BRIEF
608/02/2002 ACTION BY CLERK (MAT). Granted: 08/12/2002
708/12/2002 APPELLANT BRIEF
808/12/2002 APPELLANT APPENDIX
908/13/2002 DISK - ATB
1009/05/2002 APPELLEE BRIEF
1109/05/2002 DISK - AEB
1209/23/2002 REPLY BRIEF of Appellant
1309/24/2002 DISK - ryb
1410/25/2002 Supplemental Clerk's Certificate dated 10-24-02 (Entry Nos. 145 & 146)
1510/29/2002 APPEARANCES: Arnold V. Fleck; Richard B. Baer
1610/29/2002 ARGUED: Fleck; Baer (Vol. Y; Page 47)
1710/29/2002 ORAL ARGUMENT WEBCAST
1811/01/2002 Clerk's Second Supplemental Certificate of Record dated October 31, 2002, with entry 147 attached
1912/04/2002 DISPOSITION: AFFIRMED
2012/04/2002 UNANIMOUS OPINION: Kapsner, Carol Ronning
2112/04/2002 Costs on appeal taxed in favor of appellee
2212/05/2002 Order/Judgment Mailed to Parties
2312/27/2002 MANDATE
2412/31/2002 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2508/01/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014