Amsbaugh v. Amsbaugh

20030059 Suzanne M. Amsbaugh, Plaintiff and Appellant
v.
Terry A. Amsbaugh, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Ward County
Judge David W. Nelson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Bosard, McCutcheon & Rau, Ltd.
Appellee: Probst Law Firm
Term: 11/2003   Argument: 11/14/2003  9:30am
ND cite: 2004 ND 11
NW cite: 673 N.W.2d 601

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
103/07/2003 NOTICE OF APPEAL: 03/04/2003
203/07/2003 ORDER FOR TRANSCRIPT (Sandy Ostrom & Jean Carrier): 03/04/2003
304/07/2003 RECORD ON APPEAL (2 vols.) and Exhibits
404/11/2003 MOT. EXT/TIME TRANSCRIPT (Jean M. Carrier)
504/11/2003 ACTION BY TRIAL COURT. Granted: 06/02/2003
605/28/2003 MOT. EXT/TIME TRANSCRIPT (faxed letter from Jean Carrier dated 5-28-03)
705/29/2003 ACTION BY CHIEF DEPUTY CLERK. Granted: 06/27/2003
805/30/2003 Original Mot. for Ext/Time Transcript
906/26/2003 MOT. EXT/TIME TRANSCRIPT (e-mailed letter)
1006/27/2003 ACTION BY CLERK (MTR). Granted: 07/11/2003
1107/15/2003 TRANSCRIPT DATED November 1, 2002 (Volume I trial transcript)
1207/16/2003 DISK - TRA of Nov. 1, 2002
1307/19/2003 TRANSCRIPT DATED December 16, 2002 (Volume II - trial transcript)
1407/22/2003 DISK - TRA dated December 16, 2002
1508/01/2003 APPELLANT BRIEF
1608/01/2003 APPELLANT APPENDIX
1708/06/2003 Corrected TOA & page 32 for ATB
1808/06/2003 DISK - ATB
1908/22/2003 MOT. EXT/TIME APPELLEE BRIEF & Affidavit/Support (faxed)
2008/22/2003 ACTION BY CLERK. Granted: 09/10/2003
2108/25/2003 Original MAE, Affidavit in Support & Aff./Serv. (same as faxed copy)
2209/10/2003 APPELLEE BRIEF
2309/10/2003 APPELLEE APPENDIX
2409/16/2003 Cover page for AEB
2509/16/2003 DISK of AEB
2611/04/2003 MOTION FOR WAIVER OF OA ON BEHALF OF APPELLEE (letter dated 11-03-03 from Paul M. Probst waiving OA
2711/04/2003 E-FILED MOTION
2811/06/2003 ACTION BY SUPREME COURT (OA waived on behalf of AE). Granted
2911/14/2003 APPEARANCES: Robert S. Rau; submitted on brief for AE
3011/14/2003 ARGUED: Rau (Vol. Y; Page 167)
3111/14/2003 ORAL ARGUMENT WEBCAST
3201/14/2004 DISPOSITION: AFFIRMED
3301/14/2004 SPLIT OPINION: Sandstrom, Dale V.
3401/14/2004 (CONCUR in Result): Maring, Mary Muehlen: CON/RES
3501/14/2004 Costs on appeal taxed in favor of appellee
3601/15/2004 Judgment Mailed to Parties
3701/27/2004 PETITION FOR REHEARING
3801/28/2004 DISK - PER
3902/25/2004 ACTION BY SUPREME COURT (PER). Denied
4003/04/2004 MANDATE
4103/09/2004 Corrected Opinion Page 11 (inserted into opinion)
4203/24/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4301/04/2010 EXPUNGED - Nonpermanent record items destroyed

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