Peters-Riemers v. Riemers

20020225 Jenese A. Peters-Riemers, Plaintiff and Appellee
v.
Roland C. Riemers, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Traill County
Judge Cynthia Rothe-Seeger
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Garaas Law Firm
Appellee: Gjesdahl Law, P.C.
Term: 02/2003   Argument: 02/20/2003  10:45am
ND cite: 2003 ND 96
NW cite: 663 N.W.2d 657

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Issues: Appellant's Statement of the Issues:
1.Did the lower court have jurisdiction or did it exceed its jurisdiction in the contempt proceedings for any of the following reasons:
A.Because the contempt motion initiated in this Court, which does not have jurisdiction to enforce the underlying judgment, was transferred by this Court without authority of rule or statute?
B.Because of the lack of particularity of the contempt motion, and the denial to the Appellant of his guaranteed rights and privileges found in the Fifth, Sixth, and Fourteenth Amendments of the Constitution of the United States of America, and their counterparts in the Constitution of North Dakota?
C.For giving Jenese a monetary award greater than is authorized by statute?
2.Did the lower court abuse its discretion in finding Appellant in contempt of court?
3.Did the lower court abuse its discretion in awarding the Appellee the amounts awarded in the monetary judgment?

Appellee's Statement of the Issues:
I. Whether the district court acted within its jurisdiction in these contempt proceedings and:
II. Whether the district was within its sound discretion when it issued the contempt and resulting money judgment.

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Docket entries:
108/21/2002 NOTICE OF APPEAL: 08/20/2002
208/21/2002 ORDER FOR TRANSCRIPT: 08/20/2002
309/18/2002 RECORD ON APPEAL (12 vols.), Exhibits, & Transcripts (7) (Not rec'd: Exh.#23-Book & 143-Gun -#198)
410/08/2002 TRANSCRIPTS DATED December 18, 2001 and February 19, 2002
510/08/2002 DISK - TRAs Dec 18, 2001 & Feb 19, 2002
610/10/2002 Amended Certificate of Service of Transcript (Fax)
710/11/2002 Amended Certificate of Service of Transcript (Hard Copy)
811/16/2002 APPELLANT BRIEF
911/16/2002 APPELLANT APPENDIX
1011/18/2002 DISK - ATB
1111/27/2002 MOT. EXT/TIME APPELLEE BRIEF, including Affidavit in Support
1211/27/2002 ACTION BY CLERK. Granted: 01/20/2003
1301/13/2003 APPELLEE BRIEF
1401/13/2003 APPELLEE APPENDIX
1501/14/2003 DISK - AEB
1601/23/2003 REPLY BRIEF
1701/24/2003 DISK - RYB
1802/20/2003 APPEARANCES: Jonathan T. Garaas for the Appellant; Michael L. Gjesdahl for the Appellee.
1902/20/2003 ARGUED: Garaas; Gjesdahl (Volume Y; Page 90)
2002/20/2003 ORAL ARGUMENT WEBCAST
2105/21/2003 Supplemental Clerk's Certificate dated May 20, 2003 (2 volumes - Entries 1 - 77)
2206/09/2003 Clerk's Supplemental Cert. dated June 6, 2003, with entries 402-404 (78-80) attached
2306/17/2003 DISPOSITION: REVERSED AND REMANDED
2406/17/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
2506/17/2003 Costs on appeal taxed in favor of appellant
2606/19/2003 Order/Judgment Mailed to Parties
2707/10/2003 MANDATE
2807/16/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2908/15/2008 EXPUNGED - Nonpermanent record items destroyed

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