Peters-Riemers v. Riemers
Jenese A. Peters-Riemers, Plaintiff and Appellee
Roland C. Riemers, Defendant and Appellant
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||02/2003  Argument: 02/20/2003|
|ND cite:||2003 ND 96|
663 N.W.2d 657
Listen to recording of oral argument in MP3 format
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|
|28||07/16/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|29||08/15/2008 EXPUNGED - Nonpermanent record items destroyed|