Kautzman v. Kautzman
Rachel M. Kautzman,
n/k/a Rachel M. Dietz, Plaintiff and Appellee
Robert A. Kautzman, Defendant and Appellant
East Central Judicial District,
Judge Georgia Dawson
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||06/2003  Argument: 06/20/2003|
|ND cite:||2003 ND 140|
668 N.W.2d 59
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20030038 RSS|
|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|9||03/13/2003 174 -- Amended Notice of Appearance (Document Missing), 1112 -- Copy of Bench Warrant (withdrawn|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|
|34||10/13/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|35||11/18/2009 EXPUNGED - Nonpermanent record items destroyed|