Lawrence v. Delkamp
John Daniel Lawrence,
aka Dan Lawrence, Plaintiff and Appellant
Tina Lucille Delkamp, Defendant and Appellee
South Central Judicial District,
Judge Bruce A. Romanick
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||02/2003  Argument: 02/24/2003|
|ND cite:||2003 ND 53|
658 N.W.2d 758
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Was the trial court's Award of Costs in the amount of $1,696.70 to Delkamp on remand erroneous as a matter of law?
2. Was the decision of the trial court to deny John Lawrence's motion for an evidentiary hearing erroneous as a matter of law?
3. Was the trial court's decision to call John D. Lawrence's Motion to Modify Custody a frivolous act and therefore award attorney's fees and costs in the amount of $3,234.67 an abuse of discretion by the trial court?
4. Was the trial court's determination that the record before the court supported a finding that Dan Lawrence had to have supervised visitation clearly erroneous?
Appellee's Statement of the Issues:
1. Whether the trial court erred in awarding $1,696.70 in costs to Delkamp on remand?
2. Whether the trial court erred in restricting Lawrence's visitation to supervised visitation on remand?
3. Whether the trial court erred in finding Lawrence did not establish a prima facie case in support of his third motion within three years to change custody?
4. Whether the trial court erred in concluding Lawrence's third motion to change custody within three years was frivolous?
5. Whether this appeal is frivolous and Delkamp is entitled to an award of double costs, including reasonable attorney fees, on appeal?
|Add Docket 20020244 RSS|
|1||09/12/2002 NOTICE OF APPEAL: 09/10/2002|
|2||09/12/2002 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|3||10/16/2002 CONSOLIDATED W/20020291 MAKE ALL ENTRIES EXCEPT DIS IN THIS CASE|
|4||10/14/2002 RECORD ON APPEAL (7 vols.), Exhibits, Transcripts (10), & Depositions (3) (NOT REC'D: #338-|
|5||10/14/2002 Order Allowing an Evidentiary Hearing on the Motion for Modification of Judgment)|
|6||10/23/2002 MOT. EXT/TIME APPELLANT BRIEF|
|7||10/23/2002 ACTION BY CLERK (MAT). Granted: 11/04/2002|
|8||10/23/2002 Motion Pursuant to Rule 8a of the ND Rules of Appellate Procedure, Notice of Motion and Affidavit|
|9||10/23/2002 in Suppport of Request for Stay|
|10||10/23/2002 ACTION BY CHIEF JUSTICE (Motion re Rule 8a). Denied|
|11||10/29/2002 Clerk's Supplemental Certificate of Record dated October 28, 2002 with entries 527-536 attached|
|12||11/04/2002 APPELLANT BRIEF|
|13||11/04/2002 APPELLANT APPENDIX (need 7 add'l copies)|
|14||11/20/2002 Corrected TOA for ATB, 7 copies of ATA, TOC and Docket Sheets for ATA|
|15||11/27/2002 Corrected page 11 for ATB|
|16||11/27/2002 MOTION FOR DISMISSAL/SANCTIONS & AFFIDAVIT IN SUPPORT. RspDue: 12/16/2002|
|17||11/27/2002 MOT. EXT/TIME APPELLEE BRIEF|
|18||11/27/2002 ACTION BY CLERK. Granted: 01/08/2003|
|19||12/12/2002 Appellant's Brief in Opposition to Delkamp's Motion to Dismiss|
|20||12/12/2002 Affidavit of William McKechnie in support of Opposition|
|21||12/12/2002 Corrected pages 1 & 2 for ATB|
|22||12/12/2002 DISK - ATB|
|23||12/13/2002 REPLY TO APPELLANT'S BRIEF IN OPPOSITION TO DELKPAMP'S MOTION TO DISMISS W/AFFIDAVIT|
|24||12/18/2002 ACTION BY SUPREME COURT (MOT/Dismiss). Denied|
|25||12/18/2002 McKechnie ordered to pay Fleck $250 by January 31, 2003, or he will not be permitted to argue|
|26||01/08/2003 MOT. EXT/TIME APPELLEE BRIEF|
|27||01/08/2003 ACTION BY CLERK. Granted: 01/10/2003|
|28||01/15/2003 "Rule 26(b) Motion to File Appellee's Brief"|
|29||01/15/2003 ACTION BY CHIEF JUSTICE. Granted: 01/15/2003|
|30||01/15/2003 APPELLEE BRIEF|
|31||01/15/2003 Addendum to Appellee's Brief|
|32||01/15/2003 APPELLEE APPENDIX|
|33||01/15/2003 MOTION to find this appeal frivolous and request an award of double costs including reasonable|
|34||01/15/2003 attorney fees, on appeal. (Motion is part of AEB, Section III, E)|
|35||01/15/2003 DISK - AEB|
|36||01/28/2003 SITTING WITH THE COURT: Grosz, Richard W.|
|37||02/13/2003 Ltr. (Fax) from Mr. William McKechnie dated 2-13-03, proof of payment to Mr. Fleck as ordered by|
|38||02/13/2003 the Court|
|39||02/24/2003 APPEARANCES: William E. McKechnie; Arnold V. Fleck|
|40||02/24/2003 ARGUED: McKechnie; Fleck|
|41||02/24/2003 ORAL ARGUMENT WEBCAST (Vol. Y; Page 92)|
|42||04/01/2003 ACTION BY SUPREME COURT (Addressed in Opinion)(Action on Motion to find appeal frivolous, etc..). Denied|
|43||04/01/2003 DISPOSITION: AFFIRMED|
|44||04/01/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|45||04/01/2003 Costs on appeal taxed in favor of appellee|
|46||04/01/2003 Judgment Mailed to Parties|
|48||04/30/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|49||08/18/2008 EXPUNGED - Nonpermanent record items destroyed|