Lawrence v. Delkamp

20020244 John Daniel Lawrence,
aka Dan Lawrence, Plaintiff and Appellant
v.
Tina Lucille Delkamp, Defendant and Appellee
Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce A. Romanick
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: #McKechnie Law Office, P.C.
Appellee: Fleck Law Office
Term: 02/2003   Argument: 02/24/2003  01:30pm
ND cite: 2003 ND 53
NW cite: 658 N.W.2d 758

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Issues: 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?

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Docket entries:
109/12/2002 NOTICE OF APPEAL: 09/10/2002
209/12/2002 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
310/16/2002 CONSOLIDATED W/20020291 MAKE ALL ENTRIES EXCEPT DIS IN THIS CASE
410/14/2002 RECORD ON APPEAL (7 vols.), Exhibits, Transcripts (10), & Depositions (3) (NOT REC'D: #338-
510/14/2002 Order Allowing an Evidentiary Hearing on the Motion for Modification of Judgment)
610/23/2002 MOT. EXT/TIME APPELLANT BRIEF
710/23/2002 ACTION BY CLERK (MAT). Granted: 11/04/2002
810/23/2002 Motion Pursuant to Rule 8a of the ND Rules of Appellate Procedure, Notice of Motion and Affidavit
910/23/2002 in Suppport of Request for Stay
1010/23/2002 ACTION BY CHIEF JUSTICE (Motion re Rule 8a). Denied
1110/29/2002 Clerk's Supplemental Certificate of Record dated October 28, 2002 with entries 527-536 attached
1211/04/2002 APPELLANT BRIEF
1311/04/2002 APPELLANT APPENDIX (need 7 add'l copies)
1411/20/2002 Corrected TOA for ATB, 7 copies of ATA, TOC and Docket Sheets for ATA
1511/27/2002 Corrected page 11 for ATB
1611/27/2002 MOTION FOR DISMISSAL/SANCTIONS & AFFIDAVIT IN SUPPORT. RspDue: 12/16/2002
1711/27/2002 MOT. EXT/TIME APPELLEE BRIEF
1811/27/2002 ACTION BY CLERK. Granted: 01/08/2003
1912/12/2002 Appellant's Brief in Opposition to Delkamp's Motion to Dismiss
2012/12/2002 Affidavit of William McKechnie in support of Opposition
2112/12/2002 Corrected pages 1 & 2 for ATB
2212/12/2002 DISK - ATB
2312/13/2002 REPLY TO APPELLANT'S BRIEF IN OPPOSITION TO DELKPAMP'S MOTION TO DISMISS W/AFFIDAVIT
2412/18/2002 ACTION BY SUPREME COURT (MOT/Dismiss). Denied
2512/18/2002 McKechnie ordered to pay Fleck $250 by January 31, 2003, or he will not be permitted to argue
2601/08/2003 MOT. EXT/TIME APPELLEE BRIEF
2701/08/2003 ACTION BY CLERK. Granted: 01/10/2003
2801/15/2003 "Rule 26(b) Motion to File Appellee's Brief"
2901/15/2003 ACTION BY CHIEF JUSTICE. Granted: 01/15/2003
3001/15/2003 APPELLEE BRIEF
3101/15/2003 Addendum to Appellee's Brief
3201/15/2003 APPELLEE APPENDIX
3301/15/2003 MOTION to find this appeal frivolous and request an award of double costs including reasonable
3401/15/2003 attorney fees, on appeal. (Motion is part of AEB, Section III, E)
3501/15/2003 DISK - AEB
3601/28/2003 SITTING WITH THE COURT: Grosz, Richard W.
3702/13/2003 Ltr. (Fax) from Mr. William McKechnie dated 2-13-03, proof of payment to Mr. Fleck as ordered by
3802/13/2003 the Court
3902/24/2003 APPEARANCES: William E. McKechnie; Arnold V. Fleck
4002/24/2003 ARGUED: McKechnie; Fleck
4102/24/2003 ORAL ARGUMENT WEBCAST (Vol. Y; Page 92)
4204/01/2003 ACTION BY SUPREME COURT (Addressed in Opinion)(Action on Motion to find appeal frivolous, etc..). Denied
4304/01/2003 DISPOSITION: AFFIRMED
4404/01/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
4504/01/2003 Costs on appeal taxed in favor of appellee
4604/01/2003 Judgment Mailed to Parties
4704/23/2003 MANDATE
4804/30/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4908/18/2008 EXPUNGED - Nonpermanent record items destroyed

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