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 9:30am|
|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?
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|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|
|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)|
|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|
|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|
|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|