McDowell v. McDowell

20030079 Sharon A. McDowell, n/k/a
Sharon A. Martinson, Plaintiff and Appellee
v.
Jefferey T. McDowell, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Gary A. Holum
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Bosard, McCutcheon & Rau, Ltd.
Appellee: Pringle & Herigstad, P.C.
Term: 09/2003   Argument: 09/11/2003  9:30am
ND cite: 2003 ND 174
NW cite: 670 N.W.2d 876

Listen to recording of oral argument in MP3 format

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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Docket entries:
103/25/2003 NOTICE OF APPEAL: 03/24/2003
203/25/2003 Cross-reference this case w/ 20010056.
304/25/2003 RECORD ON APPEAL (4 Vols.), Exhibits, original transcripts dated 7-02-99; 10-19-99; 10-21-99
404/25/2003 (NOTE: Plaintiff's Ex. 17 - Tomb Raider Computer Game was not rec'd -- too large to mail)
504/25/2003 DISK - Transcripts that were filed w/ROA
605/02/2003 MOT. EXT/TIME APPELLANT BRIEF
705/02/2003 ACTION BY CLERK (Letter form). Granted: 05/16/2003
805/14/2003 APPELLANT BRIEF
905/14/2003 APPELLANT APPENDIX
1005/15/2003 DISK - ATB
1106/16/2003 APPELLEE BRIEF (e-filed)
1206/16/2003 E-FILED BRIEF
1309/11/2003 APPEARANCES: Robert S. Rau, Jeffrey T. McDowell; Carol K. Larson
1409/11/2003 ARGUED: Rau; Larson (Vol. Y; Page 139)
1509/11/2003 ORAL ARGUMENT WEBCAST
1611/13/2003 DISPOSITION: AFFIRMED
1711/13/2003 SPLIT OPINION: Sandstrom, Dale V.
1811/13/2003 (CONCUR Specially): Maring, Mary Muehlen: CONCUR
1911/13/2003 Costs on appeal taxed in favor of appellee
2011/17/2003 Order/Judgment Mailed to Parties
2111/18/2003 Corrected Opinion Pages 11 & 12
2211/24/2003 PETITION FOR REHEARING
2311/25/2003 DISK - PER
2412/02/2003 ACTION BY SUPREME COURT (PER). Denied
2512/11/2003 MANDATE
2612/22/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2702/08/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/02/2014