McKechnie v. Berg

20030028 Kim McKechnie, Plaintiff and Appellee
v.
Brad N. Berg, Defendant and Appellant
and
Bank of North Dakota, Defendant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Neubauer & Oster
Appellee: Kelsch, Kelsch, Ruff & Kranda
Term: 06/2003   Argument: 06/24/2003  9:30am
ND cite: 2003 ND 136
NW cite: 667 N.W.2d 628

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Issues: 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.

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Docket entries:
101/24/2003 NOTICE OF APPEAL: 01/21/2003
201/24/2003 ORDER FOR TRANSCRIPT: 01/21/2003
301/24/2003 RETENTION OF RECORD ON APPEAL: 03/12/2003
403/13/2003 TRANSCRIPT DATED November 25, 2002
503/13/2003 DISK - TRA (11-25-02)
603/14/2003 Memo from Sharon Fox re transmit of record
703/21/2003 RECORD ON APPEAL & exhibits (not rec'd - court reporter steno notes)
804/22/2003 APPELLANT BRIEF
904/22/2003 APPELLANT APPENDIX
1004/22/2003 DISK - ATB
1105/22/2003 APPELLEE BRIEF
1205/22/2003 DISK - AEB
1306/24/2003 APPEARANCES: Thomas D. Kelsch, Kim McKechnie; Brenda A. Neubauer
1406/24/2003 ARGUED: Kelsch; Neubauer (Vol. Y; Page 129)
1506/24/2003 ORAL ARGUMENT WEBCAST
1608/20/2003 DISPOSITION: AFFIRMED
1708/20/2003 UNANIMOUS OPINION: Kapsner, Carol Ronning
1808/20/2003 Costs on appeal taxed in favor of appellee
1908/22/2003 Order/Judgment Mailed to Parties
2009/02/2003 Mot. Ext/Time Petition for Rehearing
2109/02/2003 ACTION BY CLERK (MPR). Granted: 09/17/2003
2209/03/2003 Original Mot/Ext/Time Petition for Rehearing & Affidavit in Support (same as faxed Mot on 9-2-03)
2309/26/2003 MANDATE
2409/30/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2511/18/2009 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/23/2014