Cannaday v. Cannaday

20020185 Suzanne Kearns Cannaday, Plaintiff and Appellee
v.
Douglas Edward Cannaday, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Pro se
Appellee: Pro se
Term: 03/2003   Argument: 03/18/2003  9:30am
ND cite: 2003 ND 58
NW cite: 659 N.W.2d 363

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. The District Court erred in awarding the plaintiff 50 percent of the defendant's military retired pay contrary to the evidence that the plaintiff did not contribute equally to the husband's military career.
2. The District court erred in arbitrarily awarding the plaintiff spousal support in the amount of $450.00 per month for eight years.
3. The District court erred in arbitrarily awarding the plaintiff $2,354.00 of the defendant's checking account, plus 6 percent interest since November 5, 1998, without taking any evidence as to the actual amount in the checking account.
4. The District court erred in arbitrarily appraising the value of the home at $65,000.00 based solely upon the unsubstantiated recommendation of plaintiff's counsel and without any evidence as to the actual market value of the home.
5. The District Court's adjustment of the MasterCard AT&T debt of $4,198.00 solely to the defendant was arbitrary and erroneous.

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Docket entries:
107/15/2002 NOTICE OF APPEAL: 07/11/2002
207/15/2002 ORDER FOR TRANSCRIPT (Rena DeSautel): 07/11/2002
307/18/2002 Acknowledgment of order for transcript & RETENTION OF RECORD ON APPEAL: 08/30/2002
408/15/2002 TRANSCRIPT DATED December 11, 2001
508/16/2002 DISK of tra dated 12-11-02
608/16/2002 RECORD ON APPEAL (includes transcript dated 11-2-98)
709/25/2002 MOT. EXT/TIME APPELLANT BRIEF (see letter dated 9/24/02)
809/26/2002 ACTION BY CHIEF JUSTICE. Granted: 10/28/2002
910/28/2002 MOT. EXT/TIME APPELLANT BRIEF (letter dated 10-25-02)
1010/29/2002 ACTION BY CHIEF JUSTICE. Granted: 12/27/2002
1112/27/2002 APPELLANT BRIEF
1212/27/2003 DISK - ATB
1301/08/2003 MOTION FOR WAIVER OF APPENDIX (Faxed Letter dated 1-7-03)
1401/08/2003 NO ACTION TAKEN (MOT/waive Appendix)
1501/13/2003 Original letter dated January 7, 2003, requesting waiver of the appendix
1601/30/2003 Letter dated 1-20-03 from Suzanne Cannaday informing us that she has discharged her attorney and
1701/30/2003 that she will not be filing a brief nor attending oral argument (DISTRIBUTE w/BRIEFS)
1803/18/2003 APPEARANCES: Douglas Edward Cannaday
1903/18/2003 ARGUED: Cannaday (Vol. Y; Page 99)
2003/18/2003 ORAL ARGUMENT WEBCAST
2104/15/2003 DISPOSITION: AFFIRMED
2204/15/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
2304/15/2003 Costs on appeal taxed in favor of appellee
2404/16/2003 Judgment Mailed to Parties
2504/29/2003 Mot. Ext/Time Petition for Rehearing
2604/29/2003 E-FILED MOTION (Ext. Time Petition for Rehearing)
2704/30/2003 ACTION BY CHIEF JUSTICE. Granted: 05/14/2003
2805/14/2003 Mot. Ext/Time Petition for Rehearing (faxed letter dated 5-14-03 from Douglas Cannaday). Granted: 05/27/2003
2905/14/2003 ACTION BY CHIEF JUSTICE (MPR) (NOTE: no further extension). Granted: 05/27/2003
3005/30/2003 PETITION FOR REHEARING (faxed handwritten letter dated 5-29-03)
3105/30/2003 E-FILED PETITION FOR REHEARING
3205/30/2003 DISK - (e-mailed)
3306/02/2003 Original PER (handwritten letter dated 5-29-03) (same as faxed copy filed 5-30-03)
3406/17/2003 ACTION BY SUPREME COURT (PER). Denied
3506/25/2003 MANDATE
3606/27/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3708/06/2008 EXPUNGED - Nonpermanent record items destroyed

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