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

Listen to recording of oral argument in MP3 format

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:
109/20/2002 NOTICE OF APPEAL: 09/19/2002
210/22/2002 RECORD ON APPEAL
310/28/2002 APPELLANT BRIEF
410/28/2002 APPELLANT APPENDIX
511/05/2002 Corrected TOA & pages for ATB
611/05/2002 DISK - ATB
711/05/2002 Letter from Kelly Dillon dated 11-4-02 RE: reasons for using initials on cover of ATB
811/26/2002 APPELLEE BRIEF
911/26/2002 APPELLEE APPENDIX
1012/03/2002 DISK - AEB (corrected)
1101/07/2003 APPEARANCES: Kelly A. Dillon; Frederick J. Hofman
1201/07/2003 ARGUED: Dillon; Hofman (Vol. Y; Page 75)
1301/07/2003 ORAL ARGUMENT WEBCAST
1404/15/2003 DISPOSITION: REVERSED AND REMANDED
1504/15/2003 UNANIMOUS OPINION: Sandstrom, Dale V.
1604/15/2003 Costs on appeal taxed in favor of appellant
1704/16/2003 Judgment Mailed to Parties
1805/07/2003 MANDATE
1905/12/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2008/18/2008 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/22/2014