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|
|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)|
|8||04/22/2003 APPELLANT BRIEF|
|9||04/22/2003 APPELLANT APPENDIX|
|10||04/22/2003 DISK - ATB|
|11||05/22/2003 APPELLEE BRIEF|
|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|
|16||08/20/2003 DISPOSITION: AFFIRMED|
|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|