Peters-Riemers v. Riemers
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| 20020225 |
Jenese A. Peters-Riemers, Plaintiff and Appellee
v.
Roland C. Riemers, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Traill County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
02/2003 Argument: 02/20/2003 10:45am
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| ND cite: |
2003 ND 96
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| NW cite: |
663 N.W.2d 657
Listen to recording of oral argument
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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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| 1 | | 08/21/2002 | |
NOTICE OF APPEAL: 08/20/2002 |
| 2 | | 08/21/2002 | |
ORDER FOR TRANSCRIPT: 08/20/2002 |
| 3 | | 09/18/2002 | |
RECORD ON APPEAL (12 vols.), Exhibits, & Transcripts (7) (Not rec'd: Exh.#23-Book & 143-Gun -#198) |
| 4 | | 10/08/2002 | |
TRANSCRIPTS DATED December 18, 2001 and February 19, 2002 |
| 5 | | 10/08/2002 | |
DISK - TRAs Dec 18, 2001 & Feb 19, 2002 |
| 6 | | 10/10/2002 | |
Amended Certificate of Service of Transcript (Fax) |
| 7 | | 10/11/2002 | |
Amended Certificate of Service of Transcript (Hard Copy) |
| 8 | | 11/16/2002 | |
APPELLANT BRIEF |
| 9 | | 11/16/2002 | |
APPELLANT APPENDIX |
| 10 | | 11/18/2002 | |
DISK - ATB |
| 11 | | 11/27/2002 | |
MOT. EXT/TIME APPELLEE BRIEF, including Affidavit in Support |
| 12 | | 11/27/2002 | |
ACTION BY CLERK. Granted: 01/20/2003 |
| 13 | | 01/13/2003 | |
APPELLEE BRIEF |
| 14 | | 01/13/2003 | |
APPELLEE APPENDIX |
| 15 | | 01/14/2003 | |
DISK - AEB |
| 16 | | 01/23/2003 | |
REPLY BRIEF |
| 17 | | 01/24/2003 | |
DISK - RYB |
| 18 | | 02/20/2003 | |
APPEARANCES: Jonathan T. Garaas for the Appellant; Michael L. Gjesdahl for the Appellee. |
| 19 | | 02/20/2003 | |
ARGUED: Garaas; Gjesdahl (Volume Y; Page 90) |
| 20 | | 02/20/2003 | |
ORAL ARGUMENT WEBCAST |
| 21 | | 05/21/2003 | |
Supplemental Clerk's Certificate dated May 20, 2003 (2 volumes - Entries 1 - 77) |
| 22 | | 06/09/2003 | |
Clerk's Supplemental Cert. dated June 6, 2003, with entries 402-404 (78-80) attached |
| 23 | | 06/17/2003 | |
DISPOSITION: REVERSED AND REMANDED |
| 24 | | 06/17/2003 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 25 | | 06/17/2003 | |
Costs on appeal taxed in favor of appellant |
| 26 | | 06/19/2003 | |
Order/Judgment Mailed to Parties |
| 27 | | 07/10/2003 | |
MANDATE |
| 28 | | 07/16/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 29 | | 08/15/2008 | |
EXPUNGED - Nonpermanent record items destroyed |