McKechnie v. Berg
Kim McKechnie, Plaintiff and Appellee
Brad N. Berg, Defendant and Appellant
Bank of North Dakota, Defendant
South Central Judicial District,
Judge Burt L. Riskedahl
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||06/2003  Argument: 06/24/2003 9:30am|
|ND cite:||2003 ND 136|
667 N.W.2d 628
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
A. Whether the trial court was clearly erroneous is distributing the parties' assets.
1. The trial court applied the divorce law of equitable distribution, in judicially distributing property of unmarried cohabitants.
2,. The trial court awarded Appellee property, titled solely in Appellant's name, without any written intention by the parties of joint ownership.
3. The trial court did not properly consider the parties' contributions in determining their respective rights to the real and personal property subject to the partition action.
Appellee's Statement of the Issues:
1. Whether the trial court was clearly erroneous in distributing the parties' assets.
2. Whether the trial court correctly applied the law of partition in distributing the property of unmarried cohabitants and properly considered the parties' contributions in making the distribution of the property.
3. Whether the trial court was clearly erroneous considering the parties' contributions.
|Add Docket 20030028 RSS|
|1||01/24/2003||NOTICE OF APPEAL: 01/21/2003|
|2||01/24/2003||ORDER FOR TRANSCRIPT: 01/21/2003|
|3||01/24/2003||RETENTION OF RECORD ON APPEAL: 03/12/2003|
|4||03/13/2003||TRANSCRIPT DATED November 25, 2002|
|5||03/13/2003||DISK - TRA (11-25-02)|
|6||03/14/2003||Memo from Sharon Fox re transmit of record|
|7||03/21/2003||RECORD ON APPEAL & exhibits (not rec'd - court reporter steno notes)|
|10||04/22/2003||DISK - ATB|
|12||05/22/2003||DISK - AEB|
|13||06/24/2003||APPEARANCES: Thomas D. Kelsch, Kim McKechnie; Brenda A. Neubauer|
|14||06/24/2003||ARGUED: Kelsch; Neubauer (Vol. Y; Page 129)|
|15||06/24/2003||ORAL ARGUMENT WEBCAST|
|17||08/20/2003||UNANIMOUS OPINION: Kapsner, Carol Ronning|
|18||08/20/2003||Costs on appeal taxed in favor of appellee|
|19||08/22/2003||Order/Judgment Mailed to Parties|
|20||09/02/2003||Mot. Ext/Time Petition for Rehearing|
|21||09/02/2003||ACTION BY CLERK (MPR). Granted: 09/17/2003|
|22||09/03/2003||Original Mot/Ext/Time Petition for Rehearing & Affidavit in Support (same as faxed Mot on 9-2-03)|
|24||09/30/2003||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|25||11/18/2009||EXPUNGED - Nonpermanent record items destroyed|