Eberhardt v. Eberhardt
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| 20030065 |
Mary Ellen Eberhardt,
now known as
Mary Ellen Vance, Plaintiff, Appellant
and Cross-Appellee
v.
Danny Bill Eberhardt, Defendant, Appellee
and Cross-Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
10/2003 Argument: 10/07/2003 10:45am
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| ND cite: |
2003 ND 199
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| NW cite: |
672 N.W.2d 659
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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 Add Docket 20030065 RSS
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| 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))
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| 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 |
| 45 | | 01/23/2004 | |
MANDATE |
| 46 | | 02/02/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 47 | | 01/28/2010 | |
EXPUNGED - Nonpermanent record items destroyed |