Lanners v. Johnson

20020255

In the Interest of the Minor Child, Cheyanne Thompson

James Dennis Lanners, a/k/a
Jim Lanners, individually, Plaintiff and Appellant
and
Cheyanne Thompson, a minor
child, by and through her
Guardian Ad Litem, Plaintiff
v.
Diana Johnson, f/k/a Diana
Thompson, Douglas Thompson,
and Debra Thompson, Defendants and Appellees

Appeal from:

District Court, Northwest Judicial District, McKenzie County
Judge Gerald H. Rustad

Nature of Action:

Child Cust & Support (Div.\other)

Counsel:

Appellant:		Kelly Ann Dillon
Appellee:		Frederick Joseph Hofman

Term:

01/2003 Argument: 01/07/2003 9:00am

ND cite:

2003 ND 61

NW cite:

659 N.W.2d 864

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Issues:

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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Docket entries:

1	09/20/2002	NOTICE OF APPEAL: 09/19/2002
2	10/22/2002	RECORD ON APPEAL
3	10/28/2002	APPELLANT BRIEF
4	10/28/2002	APPELLANT APPENDIX
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
8	11/26/2002	APPELLEE BRIEF
9	11/26/2002	APPELLEE APPENDIX
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
18	05/07/2003	MANDATE
19	05/12/2003	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
20	08/18/2008	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/22/2014