Seibel v. Seibel

20030095 Scott A. Seibel, Plaintiff and Appellant
v.
Michelle K. Seibel, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Frank L. Racek
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Gjesdahl Law, P.C.
Appellee: Mertz Law Office
Term: 11/2003   Argument: 11/14/2003  1:30pm
ND cite: 2004 ND 41
NW cite: 675 N.W.2d 182

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Was the trial court's finding that there was no material change in circumstances clearly erroneous?
II. Was the trial court's finding that a modification of custody would not be in the children's best interests clearly erroneous?
III. Did the trial court abuse its discretion in awarding Michelle $500 in attorney fees?

Appellee's Statement of the Issues:
I. Was the trial court's finding that there was no material change in circumstances clearly erroneous?
II. Was the trial court's finding that a modification of custody would not be in the children's best interests clearly erroneous?
III. Did the trial court abuse its discretion in awarding Michelle $500 in attorney fees?

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Docket entries:
104/02/2003 NOTICE OF APPEAL: 03/31/2003
204/02/2003 ORDER FOR TRANSCRIPT: 03/31/2003
304/02/2003 Copy of letter dated 4-01-03 from Kelly Kroke, Ct. Reporter, to Mr. Birrenkott re advance payment
405/01/2003 RETENTION OF RECORD ON APPEAL: 05/20/2003
505/21/2003 Motion for Enlarging time for preparation of appeal transcript
605/21/2003 ACTION BY TRIAL COURT. Granted: 06/29/2003
706/12/2003 TRANSCRIPT DATED January 2, 2003
806/12/2003 DISK of tra dated 1-2-03
906/18/2003 RECORD ON APPEAL - 3 vols.
1007/22/2003 APPELLANT BRIEF
1107/22/2003 APPELLANT APPENDIX
1207/23/2003 DISK - ATB
1308/25/2003 APPELLEE BRIEF
1408/25/2003 DISK - AEB (e-mailed)
1511/14/2003 APPEARANCES: Michael A. Birrenkott; Monty G. Mertz
1611/14/2003 ARGUED: Birrenkott; Mertz (Vol. Y; Page 168)
1711/14/2003 ORAL ARGUMENT WEBCAST
1801/16/2004 ORDER OF REMAND
1902/02/2004 REFILED RECORD ON APPEAL AFTER REMAND (3 Vols.) & copy of TRA dated 1-02-03 (Not rec'd: Clerk's
2002/02/2004 Certificate Nos. 5, 27, 30, 58, 74, & 83 -- tapes and steno notes)
2102/25/2004 DISPOSITION: AFFIRMED
2202/25/2004 UNANIMOUS OPINION: VandeWalle, Gerald W.
2302/25/2004 Costs on appeal taxed in favor of appellee
2402/26/2004 Judgment Mailed to Parties
2503/18/2004 MANDATE
2603/23/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2703/26/2010 EXPUNGED - Nonpermanent record items destroyed

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