Kautzman v. Kautzman
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| 20030038 |
Rachel M. Kautzman,
n/k/a Rachel M. Dietz, Plaintiff and Appellee
v.
Robert A. Kautzman, Defendant and Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
06/2003 Argument: 06/20/2003 10:45am
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| ND cite: |
2003 ND 140
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| NW cite: |
668 N.W.2d 59
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1.Did Judge Georgia Dawson have the right to act?
2.Was a Bench Warrant improperly issued in violation of Due Process of Law?
3.Was a Bench Warrant improperly issued at a time when Robert had purged himself of any contempt by payment of spousal support monies?
4.Was a Bench Warrant improperly issued on inaccurate or imcomplete information?
5.Did Judge Dawson act, at the suggestion of Rachel, so as to eliminate the propriety of all legal appeals after Kautzman I?
6.Did Judge Dawson ignore Robert's statutory right to apply payment of the $150,000 set forth in N.D.C.C. 9-12-07?
7.Did Judge Dawson error when she failed to enforce statutory time limitations upon enforcement of her equitable liens three (3) years after judgment pursuant to N.D.C.C. 32-19-06?
8.Does the lower court have the right to imprison without Due Process of Law?
Appellee's Statement of the Issues:
1. Did the district court properly issue a bench warrant after the North Dakota Supreme Court affirmed prior orders finding Robert Kautzman in contempt of court for his intentional failure to make spousal support payments and ordering that he be
taken into custody?
2. Did the district court properly reject Robert Kautzman's claim that Rachel Kautzman has no right to enforce judgments entered against him as a result of his failure to make required spousal support and property distribution payments?
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| 1 | | 02/06/2003 | |
NOTICE OF APPEAL: 02/04/2003 |
| 2 | | 02/06/2003 | |
ORDER FOR TRANSCRIPT: 02/04/2003 |
| 3 | | 02/06/2003 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 02/06/2003 | |
Transcript dated November 20, 2002 |
| 5 | | 02/07/2003 | |
DISK - TRA (11-20-02) (e-mailed) |
| 6 | | 02/28/2003 | |
TRANSCRIPT DATED January 14, 2003 |
| 7 | | 02/28/2003 | |
DISK - TRA (1-14-03) (e-mailed) |
| 8 | | 03/13/2003 | |
RECORD ON APPEAL (15 vols.), Exhibits, Depositions (14), & Transcripts (48). Not rec'd: Entry Nos. |
| 9 | | 03/13/2003 | |
174 -- Amended Notice of Appearance (Document Missing), 1112 -- Copy of Bench Warrant (withdrawn |
| 10 | | 03/13/2003 | |
by Cass Co. Sheriff) |
| 11 | | 04/09/2003 | |
APPELLANT BRIEF |
| 12 | | 04/09/2003 | |
with attached addendum |
| 13 | | 04/09/2003 | |
APPELLANT APPENDIX |
| 14 | | 04/10/2003 | |
DISK of ATB |
| 15 | | 04/23/2003 | |
Supplemental Clerk's Certificate dated 4-22-2003 (Entry Nos. 1154 - 1162) |
| 16 | | 05/06/2003 | |
APPELLEE BRIEF |
| 17 | | 05/06/2003 | |
APPELLEE APPENDIX |
| 18 | | 05/07/2003 | |
DISK - AEB |
| 19 | | 05/23/2003 | |
REPLY BRIEF |
| 20 | | 05/23/2003 | |
with attached addendum |
| 21 | | 05/27/2003 | |
DISK - RYB |
| 22 | | 06/02/2003 | |
SITTING WITH THE COURT: Schmalenberger, Allan L. |
| 23 | | 06/20/2003 | |
APPEARANCES: Jonathan T. Garaas; Steven A. Johnson |
| 24 | | 06/20/2003 | |
ARGUED: Garaas; Johnson (Vol. Y; Page 125) |
| 25 | | 06/20/2003 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 08/22/2003 | |
DISPOSITION (and Remanded): AFFIRMED |
| 27 | | 08/22/2003 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 28 | | 08/22/2003 | |
Costs on appeal taxed in favor of appellee |
| 29 | | 08/22/2003 | |
Order/Judgment Mailed to Parties |
| 30 | | 09/05/2003 | |
PETITION FOR REHEARING |
| 31 | | 09/08/2003 | |
DISK - PER |
| 32 | | 09/25/2003 | |
ACTION BY SUPREME COURT (Petition for Rehearing). denied |
| 33 | | 10/03/2003 | |
MANDATE |
| 34 | | 10/13/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 35 | | 11/18/2009 | |
EXPUNGED - Nonpermanent record items destroyed |