Eberhardt v. Eberhardt
Mary Ellen Eberhardt,
now known as
Mary Ellen Vance, Plaintiff, Appellant
Danny Bill Eberhardt, Defendant, Appellee
East Central Judicial District,
Judge Georgia Dawson
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||10/2003  Argument: 10/07/2003|
|ND cite:||2003 ND 199|
672 N.W.2d 659
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20030065 RSS|
|1||03/14/2003 NOTICE OF APPEAL: 03/11/2003|
|2||03/14/2003 ORDER FOR TRANSCRIPT: 03/11/2003|
|3||03/14/2003 Notice of Cross-Appeal (titled Notice of Appeal filed by Plaintiff)|
|4||04/08/2003 RETENTION OF RECORD ON APPEAL: 04/30/2003|
|5||04/10/2003 Transcripts dated August 27, 2002 & January 6, 2003 (2 volumes)|
|6||04/11/2003 DISK - TRA (8-27-02 & 1-6-03)|
|7||04/16/2003 TRANSCRIPT DATED November 21, 2002|
|8||04/16/2003 DISK - TRA of Nov 21, 2002|
|9||04/29/2003 RECORD ON APPEAL (4 volumes & separates)(not sent - steno notes & tapes)|
|10||04/30/2003 MOTION FOR REMAND (sua sponte under N.D.R.App.P. 4(a)(3)(A))|
|11||04/30/2003 ACTION BY CHIEF JUSTICE. Granted|
|12||04/30/2003 ORDER OF REMAND|
|13||05/20/2003 Refiled Record on Appeal (4 vols.) & separates (Not rec'd: 33, 156, & 177--tapes & 47,92,94,103,|
|14||05/20/2003 129, 130, 151, & 166 -- Steno Notes)|
|15||05/22/2003 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)|
|16||05/22/2003 ACTION BY CLERK (sua sponte). Granted: 06/23/2003|
|17||06/20/2003 APPELLANT BRIEF|
|18||06/20/2003 APPELLANT APPENDIX|
|19||06/23/2003 DISK - ATB|
|20||06/30/2003 MOT. EXT/TIME APPELLEE BRIEF (letter form dated 6-26-03)|
|21||06/30/2003 ACTION BY CLERK. Granted: 07/30/2003|
|22||07/01/2003 Affidavit of Personal Service, w/attachment (inserted into ATB)|
|23||07/29/2003 APPELLEE BRIEF|
|24||07/29/2003 APPELLEE APPENDIX|
|25||08/01/2003 DISK - AEB (e-mailed)|
|26||08/15/2003 REPLY BRIEF of Appellant & Cross-Appellee|
|27||08/18/2003 DISK - RYB of Appellant|
|28||09/02/2003 REPLY BRIEF of Appellee & Cross-Appellant|
|29||09/03/2003 DISK - RYB of Appellee|
|30||09/10/2003 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 9-09-03, incl. No. 187, Order for TRA of 3-18-03 hearing|
|31||09/10/2003 ordered by Craig Richie, counsel for AE|
|32||09/10/2003 TRANSCRIPT DATED 3-18-03|
|33||09/19/2003 DISK - TRA (3-18-03)|
|34||10/07/2003 APPEARANCES: Jonathan T. Garaas; Craig M. Richie|
|35||10/07/2003 ARGUED: Garaas; Richie (Vol. Y; Page 154)|
|36||10/07/2003 ORAL ARGUMENT WEBCAST|
|37||12/19/2003 DISPOSITION: AFFIRMED|
|38||12/19/2003 UNANIMOUS OPINION: Maring, Mary Muehlen|
|39||12/19/2003 (CONCUR in the result): Sandstrom, Dale V.: CON/RES|
|40||12/19/2003 Costs on appeal taxed in favor of Appellee|
|41||12/22/2003 Judgment Mailed to Parties|
|42||01/02/2004 PETITION FOR REHEARING|
|43||01/05/2004 DISK - PER|
|44||01/14/2004 ACTION BY SUPREME COURT (PER). Denied|
|46||02/02/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|47||01/28/2010 EXPUNGED - Nonpermanent record items destroyed|