Bladow v. Bladow

20030011 Cheryl L. Bladow, Plaintiff and Appellant
v.
Bruce A. Bladow, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Bruce A. Romanick
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Gjesdahl Law, P.C.
Appellee: Vogel Law Firm
Term: 05/2003   Argument: 05/14/2003  1:30pm
ND cite: 2003 ND 123
NW cite: 665 N.W.2d 724

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A. Was it clearly erroneous to divide a marital estate in half, when the parties' total estate of $427,151.56 was comprised of $325,021.69 remaining from a personal injury settlement wife received just eleven months before the divorce commenced?
B. Should the North Dakota Supreme Court articulate a soft presumption that, though personal injury proceeds are initially included in the divisible estate, such proceeds should be awarded to the settling spouse absent additional circumstances making it inequitable to do so?
C. Were various of the District Court's findings of fact, when viewed together, sufficiently wrong or distorted, that its ultimate property division was clearly erroneous?

Appellee's Statement of the Issues:
I. Whether or not the trial court's distribution of the parties property under the Ruff-Fischer Guidelines was clearly erroneous. II. Whether or not the District Court's findings of fact contested by the plaintiff were clearly erroneous.

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Docket entries:
101/09/2003 NOTICE OF APPEAL: 01/07/2003
201/09/2003 ORDER FOR TRANSCRIPT: 01/07/2003
301/29/2003 TRANSCRIPT Commencing 9-17-02 (2 volumes)
401/30/2003 DISK - TRA (9/17/02 & 9/18/02)
502/21/2003 RECORD ON APPEAL, Deposition (1), & Exhibits Not recd: 75 & 76 (steno notes) & 98 (Tape)
603/07/2003 SUPPLEMENTAL CLERK'S CERTIFICATE ON APPEAL DATED MARCH 6, 2003 (ENTRIES 102 & 103
703/07/2003 APPELLANT BRIEF
803/07/2003 APPELLANT APPENDIX
903/10/2003 DISK - ATB
1003/10/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1104/07/2003 APPELLEE BRIEF
1204/11/2003 DISK - aeb
1304/28/2003 SITTING WITH THE COURT: McClintock, Jr., John C.
1405/14/2003 APPEARANCES: Michael L. Gjesdahl; Jerilynn Brantner Adams
1505/14/2003 ARGUED: Gjesdahl; Adams (Vol. Y; Page 113)
1605/14/2003 ORAL ARGUMENT WEBCAST
1707/18/2003 DISPOSITION: AFFIRMED
1807/18/2003 UNANIMOUS OPINION: Sandstrom, Dale V.
1907/18/2003 Costs on appeal taxed in favor of appellee
2007/21/2003 Judgment Mailed to Parties
2108/12/2003 MANDATE
2208/15/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2311/05/2009 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/17/2014