Kautzman v. Kautzman

20030038 Rachel M. Kautzman,
n/k/a Rachel M. Dietz, Plaintiff and Appellee
v.
Robert A. Kautzman, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Garaas Law Firm
Appellee: Vogel Law Firm
Term: 06/2003   Argument: 06/20/2003  10:45am
ND cite: 2003 ND 140
NW cite: 668 N.W.2d 59

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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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Docket entries:
102/06/2003 NOTICE OF APPEAL: 02/04/2003
202/06/2003 ORDER FOR TRANSCRIPT: 02/04/2003
302/06/2003 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
402/06/2003 Transcript dated November 20, 2002
502/07/2003 DISK - TRA (11-20-02) (e-mailed)
602/28/2003 TRANSCRIPT DATED January 14, 2003
702/28/2003 DISK - TRA (1-14-03) (e-mailed)
803/13/2003 RECORD ON APPEAL (15 vols.), Exhibits, Depositions (14), & Transcripts (48). Not rec'd: Entry Nos.
903/13/2003 174 -- Amended Notice of Appearance (Document Missing), 1112 -- Copy of Bench Warrant (withdrawn
1003/13/2003 by Cass Co. Sheriff)
1104/09/2003 APPELLANT BRIEF
1204/09/2003 with attached addendum
1304/09/2003 APPELLANT APPENDIX
1404/10/2003 DISK of ATB
1504/23/2003 Supplemental Clerk's Certificate dated 4-22-2003 (Entry Nos. 1154 - 1162)
1605/06/2003 APPELLEE BRIEF
1705/06/2003 APPELLEE APPENDIX
1805/07/2003 DISK - AEB
1905/23/2003 REPLY BRIEF
2005/23/2003 with attached addendum
2105/27/2003 DISK - RYB
2206/02/2003 SITTING WITH THE COURT: Schmalenberger, Allan L.
2306/20/2003 APPEARANCES: Jonathan T. Garaas; Steven A. Johnson
2406/20/2003 ARGUED: Garaas; Johnson (Vol. Y; Page 125)
2506/20/2003 ORAL ARGUMENT WEBCAST
2608/22/2003 DISPOSITION (and Remanded): AFFIRMED
2708/22/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
2808/22/2003 Costs on appeal taxed in favor of appellee
2908/22/2003 Order/Judgment Mailed to Parties
3009/05/2003 PETITION FOR REHEARING
3109/08/2003 DISK - PER
3209/25/2003 ACTION BY SUPREME COURT (Petition for Rehearing). denied
3310/03/2003 MANDATE
3410/13/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3511/18/2009 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/18/2014