Schmidt v. Schmidt

20020202 MaLaura Schmidt, Plaintiff and Appellant
v.
Warren A. Schmidt, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Everett Nels Olson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Bosard, McCutcheon & Rau, Ltd.
Appellee: Chad C. Nodland, P.C.
Term: 12/2002   Argument: 12/10/2002  9:30am
ND cite: 2003 ND 55
NW cite: 660 N.W.2d 196

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A. Did the trial court err in awarding custody to Warren Schmidt (1) when it primarily relied upon Warren's extended family as the reason custody should be with the father and (2) when it ignored the stability and continuity provided to the child by the court determined primary caregiver (mother).
B. Visitation was erroneously decided and when Lauri, as primary caregiver, was given minimal visitation time by the trial court. Doing so resulted in a harm to the minor child.
C. Should attorney fees be awarded to Lauri for these proceedings.

Appellee's Statement of the Issues:
1.Whether, after conducting a thorough, seven page, factor-by-factor analysis of the statutory "best interest" factors, the trial court committed clear error in awarding custody to Warren Schmidt.
2.Whether the trial court's award of visitation was clearly erroneous where that award is nearly identical to all visitation schedules awarded most non-custodial parents.
3.Whether the trial court's award of $3,200 in attorney fees was clearly erroneous when no evidence was presented as to any attorney fees.

Add Docket 20020202 RSS Add Docket 20020202 RSS

Docket entries:
108/02/2002 NOTICE OF APPEAL: 08/01/2002
208/02/2002 ORDER FOR TRANSCRIPT: 08/01/2002
308/09/2002 RETENTION OF RECORD ON APPEAL: 09/20/2002
408/30/2002 TRANSCRIPT DATED Sept. 26, 2001 and March 19 & 20, 2002 (marked Vols. I & II)
509/04/2002 RECORD ON APPEAL (2 Vols.) and Exhibits
609/09/2002 DISK - TRAs dated Sep. 26, 2001 & Mar. 19 & 20, 2002
710/02/2002 APPELLANT BRIEF
810/02/2008 Addendum to Appellant's Brief
910/02/2002 APPELLANT APPENDIX
1010/02/2002 DISK - ATB
1111/01/2002 APPELLEE BRIEF
1211/01/2002 DISK of AEB
1311/01/2002 MOTION to Strike and for Sanctions, Brief is Support, Affidavit in Support, & Cert./Serv.. RspDue: 11/12/2002
1411/06/2002 Response to Motion for Sanctions
1511/07/2002 NO ACTION TAKEN (To be heard with merits)
1612/10/2002 Robert S. Rau and Chad C. Nodland
1712/10/2002 ARGUED: Rau and Nodland (Vol. Y; Page 62)
1812/10/2002 ORAL ARGUMENT WEBCAST
1904/15/2003 DISPOSITION: AFFIRMED
2004/15/2003 SPLIT OPINION: VandeWalle, Gerald W.
2104/15/2003 (CONCUR IN RESULT): Maring, Mary Muehlen: CON/RES
2204/15/2003 Costs on appeal taxed in favor of appellee
2304/16/2003 Judgment Mailed to Parties
2405/07/2003 MANDATE
2505/12/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/21/2014