McDowell v. McDowell
Sharon A. McDowell, n/k/a
Sharon A. Martinson, Plaintiff and Appellee
Jefferey T. McDowell, Defendant and Appellant
North Central Judicial District,
Judge Gary A. Holum
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||09/2003  Argument: 09/11/2003|
|ND cite:||2003 ND 174|
670 N.W.2d 876
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
A. Was child custody erroneously decided and when the opposing litigant decided that issue by editorializing the trial court's memorandum decision to its liking?
B. The lower court's decision on visitation was undecided and never explained.
C. Did the trial court err in deciding Jeff's child support obligation by (a) applying post judgment earnings to pre-judgment obligations; and (b) ordering support to be retroactive to the years 1999, 2000, and 2001, and when no motion was pending seeking to amend support until 2002?
D. Did the lower court err in awarding Sharon attorney fees and when it was authorized to do other things by the North Dakota Supreme Court on account of its earlier error? That Jeff should be awarded attorney fees.
Appellee's Statement of the Issues:
Issue A - The trial court did not err in deciding custody.
Issue B - The trial judge decision on visitation was not clearly.
Issue C - The trial court correctly calculated the child support based on the guidelines set forth by the State. N.D.A.C. Chapter 75-02-02.2.
Issue D - The trial court correctly awarded attorney's fees to Sharon and denied the attorney's fees to Jefferey.
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|1||03/25/2003 NOTICE OF APPEAL: 03/24/2003|
|2||03/25/2003 Cross-reference this case w/ 20010056.|
|3||04/25/2003 RECORD ON APPEAL (4 Vols.), Exhibits, original transcripts dated 7-02-99; 10-19-99; 10-21-99|
|4||04/25/2003 (NOTE: Plaintiff's Ex. 17 - Tomb Raider Computer Game was not rec'd -- too large to mail)|
|5||04/25/2003 DISK - Transcripts that were filed w/ROA|
|6||05/02/2003 MOT. EXT/TIME APPELLANT BRIEF|
|7||05/02/2003 ACTION BY CLERK (Letter form). Granted: 05/16/2003|
|8||05/14/2003 APPELLANT BRIEF|
|9||05/14/2003 APPELLANT APPENDIX|
|10||05/15/2003 DISK - ATB|
|11||06/16/2003 APPELLEE BRIEF (e-filed)|
|12||06/16/2003 E-FILED BRIEF|
|13||09/11/2003 APPEARANCES: Robert S. Rau, Jeffrey T. McDowell; Carol K. Larson|
|14||09/11/2003 ARGUED: Rau; Larson (Vol. Y; Page 139)|
|15||09/11/2003 ORAL ARGUMENT WEBCAST|
|16||11/13/2003 DISPOSITION: AFFIRMED|
|17||11/13/2003 SPLIT OPINION: Sandstrom, Dale V.|
|18||11/13/2003 (CONCUR Specially): Maring, Mary Muehlen: CONCUR|
|19||11/13/2003 Costs on appeal taxed in favor of appellee|
|20||11/17/2003 Order/Judgment Mailed to Parties|
|21||11/18/2003 Corrected Opinion Pages 11 & 12|
|22||11/24/2003 PETITION FOR REHEARING|
|23||11/25/2003 DISK - PER|
|24||12/02/2003 ACTION BY SUPREME COURT (PER). Denied|
|26||12/22/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|27||02/08/2010 EXPUNGED - Nonpermanent record items destroyed|