Eberhardt v. Eberhardt

20030065 Mary Ellen Eberhardt,
now known as
Mary Ellen Vance, Plaintiff, Appellant
and Cross-Appellee
v.
Danny Bill Eberhardt, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Garaas Law Firm
Appellee: Richie & Associates
Term: 10/2003   Argument: 10/07/2003  10:45am
ND cite: 2003 ND 199
NW cite: 672 N.W.2d 659

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the District Court err in not increasing the amount of child support awarded to Mary after jurisdiction to review child support was invoked by Danny?
2. Did the lower court make a $2,500.00 error in the amount of unpaid spousal support due Mary?
3. Did the District Court err when it authorized medical reimbursement to Danny based upon documents filed with the Clerk of Court that were not authenticated, not identified, and were not introduced into evidence by affidavit or other testimony?
4. Was Mary entitled to statutory interest on due and unpaid attorney fees?

Appellee's Statement of the Issues:
I. Did the District Court err in not authorizing medical reimbursement to Danny for all of the medical expense documents filed with the Clerk of Court?
II. Did the District Court err in not allowing Danny compensatory time for visitation with his daughter, Mary-Michael?
III. Did the District Court err in not awarding Danny attorney fees for frivolous motions and pleadings?
IV. Was the District Court correct in not increasing the amount of child support owed by Danny after jurisdiction to review child support was invoked?
V. Was the District Court's determination of spousal support due Mary in the amount of $9,500 correct?
VI. Was Mary entitled to statutory interest on due and unpaid attorney fees?

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Docket entries:
103/14/2003 NOTICE OF APPEAL: 03/11/2003
203/14/2003 ORDER FOR TRANSCRIPT: 03/11/2003
303/14/2003 Notice of Cross-Appeal (titled Notice of Appeal filed by Plaintiff)
404/08/2003 RETENTION OF RECORD ON APPEAL: 04/30/2003
504/10/2003 Transcripts dated August 27, 2002 & January 6, 2003 (2 volumes)
604/11/2003 DISK - TRA (8-27-02 & 1-6-03)
704/16/2003 TRANSCRIPT DATED November 21, 2002
804/16/2003 DISK - TRA of Nov 21, 2002
904/29/2003 RECORD ON APPEAL (4 volumes & separates)(not sent - steno notes & tapes)
1004/30/2003 MOTION FOR REMAND (sua sponte under N.D.R.App.P. 4(a)(3)(A))
1104/30/2003 ACTION BY CHIEF JUSTICE. Granted
1204/30/2003 ORDER OF REMAND
1305/20/2003 Refiled Record on Appeal (4 vols.) & separates (Not rec'd: 33, 156, & 177--tapes & 47,92,94,103,
1405/20/2003 129, 130, 151, & 166 -- Steno Notes)
1505/22/2003 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
1605/22/2003 ACTION BY CLERK (sua sponte). Granted: 06/23/2003
1706/20/2003 APPELLANT BRIEF
1806/20/2003 APPELLANT APPENDIX
1906/23/2003 DISK - ATB
2006/30/2003 MOT. EXT/TIME APPELLEE BRIEF (letter form dated 6-26-03)
2106/30/2003 ACTION BY CLERK. Granted: 07/30/2003
2207/01/2003 Affidavit of Personal Service, w/attachment (inserted into ATB)
2307/29/2003 APPELLEE BRIEF
2407/29/2003 APPELLEE APPENDIX
2508/01/2003 DISK - AEB (e-mailed)
2608/15/2003 REPLY BRIEF of Appellant & Cross-Appellee
2708/18/2003 DISK - RYB of Appellant
2809/02/2003 REPLY BRIEF of Appellee & Cross-Appellant
2909/03/2003 DISK - RYB of Appellee
3009/10/2003 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 9-09-03, incl. No. 187, Order for TRA of 3-18-03 hearing
3109/10/2003 ordered by Craig Richie, counsel for AE
3209/10/2003 TRANSCRIPT DATED 3-18-03
3309/19/2003 DISK - TRA (3-18-03)
3410/07/2003 APPEARANCES: Jonathan T. Garaas; Craig M. Richie
3510/07/2003 ARGUED: Garaas; Richie (Vol. Y; Page 154)
3610/07/2003 ORAL ARGUMENT WEBCAST
3712/19/2003 DISPOSITION: AFFIRMED
3812/19/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
3912/19/2003 (CONCUR in the result): Sandstrom, Dale V.: CON/RES
4012/19/2003 Costs on appeal taxed in favor of Appellee
4112/22/2003 Judgment Mailed to Parties
4201/02/2004 PETITION FOR REHEARING
4301/05/2004 DISK - PER
4401/14/2004 ACTION BY SUPREME COURT (PER). Denied
4501/23/2004 MANDATE
4602/02/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4701/28/2010 EXPUNGED - Nonpermanent record items destroyed

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