McDowell v. McDowell
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| 20030079 |
Sharon A. McDowell, n/k/a
Sharon A. Martinson, Plaintiff and Appellee
v.
Jefferey T. McDowell, Defendant and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge Gary A. Holum |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
09/2003 Argument: 09/11/2003 09:30am
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| ND cite: |
2003 ND 174
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| NW cite: |
670 N.W.2d 876
Listen to recording of oral argument
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| Issues: |
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 |
| 25 | | 12/11/2003 | |
MANDATE |
| 26 | | 12/22/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 27 | | 02/08/2010 | |
EXPUNGED - Nonpermanent record items destroyed |