Mock v. Mock
|
| 20030115 |
Barb Mock, Plaintiff and Appellee
v.
Daniel Mock, Defendant and Appellant
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
|
Nature of Action: |
Child Cust & Support (Div.\other)
|
| Counsel: |
|
| Term: |
09/2003 Argument: 09/29/2003 10:45am
|
| ND cite: |
2004 ND 14
|
| NW cite: |
673 N.W.2d 635
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
I. Whether the Trial Court erred in denying the Appellant, Daniel Mock, an evidentiary hearing on his motion to modify child custody?
Appellant's Reply Brief Issues
1. The Appellant, Daniel Mock, did not circumvent the statutory procedures required when making a motion for change of custody.
2. The appropriate standard of review on whether to change custody is a finding of fact subject to the clearly erroneous standard of review.
3. The District Court's determinations were clearly erroneous and must be overturned.
Appellee's Statement of the Issues:
Whether the District Court erred when it determined Daniel Mock failed to establish a prima facie case under Section 14-09-06.6(4), NDCC, and thereafter denied him an evidentiary hearing on his Motion for Change of Custody.
|
|
 Add Docket 20030115 RSS
|
| 1 | | 04/17/2003 | |
NOTICE OF APPEAL: 04/15/2003 |
| 2 | | 05/16/2003 | |
RECORD ON APPEAL (not received - entry 29 (steno notes)) |
| 3 | | 05/16/2003 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 05/21/2003 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 5 | | 05/21/2003 | |
E-FILED MOTION (faxed) |
| 6 | | 05/21/2003 | |
ACTION BY CLERK. Granted: 06/09/2003 |
| 7 | | 05/23/2003 | |
Letter from Gary Lee dated 5-22-03 RE: no objection to Ext/Time/File/ATB |
| 8 | | 06/09/2003 | |
APPELLANT BRIEF |
| 9 | | 06/09/2003 | |
APPELLANT APPENDIX |
| 10 | | 06/12/2003 | |
Corrected covers for ATB/ATA |
| 11 | | 06/12/2003 | |
DISK - ATB |
| 12 | | 07/03/2003 | |
APPELLEE BRIEF |
| 13 | | 07/03/2003 | |
DISK - aeb (e-mailed) |
| 14 | | 07/21/2003 | |
MOT. EXT/TIME REPLY BRIEF (faxed letter from Sheldon Smith) |
| 15 | | 07/21/2003 | |
ACTION BY Chief Deputy CLERK. Granted: 08/11/2003 |
| 16 | | 07/22/2003 | |
Original letter from Sheldon Smith re: Req/Ext/RYB (same as faxed copy filed 7-21-03) |
| 17 | | 07/24/2003 | |
REPLY BRIEF |
| 18 | | 07/29/2003 | |
Corrected Table of Contents and corrected pages for RYB |
| 19 | | 07/29/2003 | |
DISK - RYB |
| 20 | | 08/15/2003 | |
SITTING WITH THE COURT: Anderson, Zane |
| 21 | | 09/29/2003 | |
APPEARANCES: Suzanne M. Schweigert and Gary H. Lee |
| 22 | | 09/29/2003 | |
ARGUED: Schweigert; Lee (Vol. Y; Page 146) |
| 23 | | 09/29/2003 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 01/20/2004 | |
DISPOSITION: REVERSED AND REMANDED |
| 25 | | 01/20/2004 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 26 | | 01/20/2004 | |
(DISSENT): Maring, Mary Muehlen: DISSENT |
| 27 | | 01/20/2004 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT |
| 28 | | 01/23/2004 | |
Judgment Mailed to Parties |
| 29 | | 02/11/2004 | |
MANDATE |
| 30 | | 02/13/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 31 | | 06/25/2010 | |
EXPUNGED - Nonpermanent record items destroyed |