Amsbaugh v. Amsbaugh
Suzanne M. Amsbaugh, Plaintiff and Appellant
Terry A. Amsbaugh, Defendant and Appellee
North Central Judicial District,
Judge David W. Nelson
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||11/2003  Argument: 11/14/2003|
|ND cite:||2004 ND 11|
673 N.W.2d 601
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. The trial court erred in not awarding Suzanne one-half of the marital estate as this was a long term marriage and there was no economic waste nor significant marital fault shown. What fault did occur was condoned.
II. The trial court erred in valuing the marital estate as there was no competent evidence to support its decision and no discussion as to how it arrived at its conclusion. That any wrongful conduct was waived and condoned.
III. The trial court erred in reducing the property distribution to Suzanne by (a) guardian fees (as she previously paid them); (b) $2,700 when it ignored the parties earlier court approved stipulation dealing with that amount.
IV. The court erred in not awarding spousal support to Suzanne.
V. The trial court erred in not awarding attorney fees.
Appellee's Statement of the Issues:
1. Did the trial court err in not awarding Plaintiff one-half of the marital estate?
2. Did the trial court err is valuing the marital estate?
3. Did the trial court err in reducing the property distribution to Plaintiff?
4. Did the trial court err in not awarding spousal support to Plaintiff?
5. Did the trial court err in not awarding attorney fees to Plaintiff?
|Add Docket 20030059 RSS|
|1||03/07/2003 NOTICE OF APPEAL: 03/04/2003|
|2||03/07/2003 ORDER FOR TRANSCRIPT (Sandy Ostrom & Jean Carrier): 03/04/2003|
|3||04/07/2003 RECORD ON APPEAL (2 vols.) and Exhibits|
|4||04/11/2003 MOT. EXT/TIME TRANSCRIPT (Jean M. Carrier)|
|5||04/11/2003 ACTION BY TRIAL COURT. Granted: 06/02/2003|
|6||05/28/2003 MOT. EXT/TIME TRANSCRIPT (faxed letter from Jean Carrier dated 5-28-03)|
|7||05/29/2003 ACTION BY CHIEF DEPUTY CLERK. Granted: 06/27/2003|
|8||05/30/2003 Original Mot. for Ext/Time Transcript|
|9||06/26/2003 MOT. EXT/TIME TRANSCRIPT (e-mailed letter)|
|10||06/27/2003 ACTION BY CLERK (MTR). Granted: 07/11/2003|
|11||07/15/2003 TRANSCRIPT DATED November 1, 2002 (Volume I trial transcript)|
|12||07/16/2003 DISK - TRA of Nov. 1, 2002|
|13||07/19/2003 TRANSCRIPT DATED December 16, 2002 (Volume II - trial transcript)|
|14||07/22/2003 DISK - TRA dated December 16, 2002|
|15||08/01/2003 APPELLANT BRIEF|
|16||08/01/2003 APPELLANT APPENDIX|
|17||08/06/2003 Corrected TOA & page 32 for ATB|
|18||08/06/2003 DISK - ATB|
|19||08/22/2003 MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (faxed)|
|20||08/22/2003 ACTION BY CLERK. Granted: 09/10/2003|
|21||08/25/2003 Original MAE, Affidavit in Support & Aff./Serv. (same as faxed copy)|
|22||09/10/2003 APPELLEE BRIEF|
|23||09/10/2003 APPELLEE APPENDIX|
|24||09/16/2003 Cover page for AEB|
|25||09/16/2003 DISK of AEB|
|26||11/04/2003 MOTION FOR WAIVER OF OA ON BEHALF OF APPELLEE (letter dated 11-03-03 from Paul M. Probst waiving OA|
|27||11/04/2003 E-FILED MOTION|
|28||11/06/2003 ACTION BY SUPREME COURT (OA waived on behalf of AE). Granted|
|29||11/14/2003 APPEARANCES: Robert S. Rau; submitted on brief for AE|
|30||11/14/2003 ARGUED: Rau (Vol. Y; Page 167)|
|31||11/14/2003 ORAL ARGUMENT WEBCAST|
|32||01/14/2004 DISPOSITION: AFFIRMED|
|33||01/14/2004 SPLIT OPINION: Sandstrom, Dale V.|
|34||01/14/2004 (CONCUR in Result): Maring, Mary Muehlen: CON/RES|
|35||01/14/2004 Costs on appeal taxed in favor of appellee|
|36||01/15/2004 Judgment Mailed to Parties|
|37||01/27/2004 PETITION FOR REHEARING|
|38||01/28/2004 DISK - PER|
|39||02/25/2004 ACTION BY SUPREME COURT (PER). Denied|
|41||03/09/2004 Corrected Opinion Page 11 (inserted into opinion)|
|42||03/24/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|43||01/04/2010 EXPUNGED - Nonpermanent record items destroyed|