Lanners v. Johnson
In the Interest of the Minor Child, Cheyanne Thompson
James Dennis Lanners, a/k/a
Jim Lanners, individually, Plaintiff and Appellant
Cheyanne Thompson, a minor
child, by and through her
Guardian Ad Litem, Plaintiff
Diana Johnson, f/k/a Diana
Thompson, Douglas Thompson,
and Debra Thompson, Defendants and Appellees
Northwest Judicial District,
Judge Gerald H. Rustad
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||01/2003  Argument: 01/07/2003 9:00am|
|ND cite:||2003 ND 61|
659 N.W.2d 864
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether the trial court erred in finding that the facts presented did not amount to a material change in circumstances.
2. Whether the trial court erred in failing to award custody of the minor child to her biological father.
3. Whether the trial court erred in denying the father his right to an evidentiary hearing.
Appellee's Statement of the Issues:
I. Whether it was clearly erroneous for the Trial Court to find that the Appellant had not proven a "prima facie" case justifying modification as required pursuant to N.D.C.C. 14-09-06.6.
II. Whether the Trial Court's failure to simply award custody of the minor child to her biological father was clearly erroneous.
III. Whether the Court properly interpreted the procedure outlined by N.D.C.C. 14-09-06.6.
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|1||09/20/2002||NOTICE OF APPEAL: 09/19/2002|
|2||10/22/2002||RECORD ON APPEAL|
|5||11/05/2002||Corrected TOA & pages for ATB|
|6||11/05/2002||DISK - ATB|
|7||11/05/2002||Letter from Kelly Dillon dated 11-4-02 RE: reasons for using initials on cover of ATB|
|10||12/03/2002||DISK - AEB (corrected)|
|11||01/07/2003||APPEARANCES: Kelly A. Dillon; Frederick J. Hofman|
|12||01/07/2003||ARGUED: Dillon; Hofman (Vol. Y; Page 75)|
|13||01/07/2003||ORAL ARGUMENT WEBCAST|
|14||04/15/2003||DISPOSITION: REVERSED AND REMANDED|
|15||04/15/2003||UNANIMOUS OPINION: Sandstrom, Dale V.|
|16||04/15/2003||Costs on appeal taxed in favor of appellant|
|17||04/16/2003||Judgment Mailed to Parties|
|19||05/12/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|20||08/18/2008||EXPUNGED - Nonpermanent record items destroyed|