Morton Co. S.S.B. v. Schumacher

20030226 Morton County Social Service
Board as assignee for Karen Hall,
Karen Hall, and S.H., minor child,
by and through her guardian,
Karen Hall, Plaintiffs
-------------
Karen Hall, Plaintiff and Appellant
v.
Thane Schumacher, Defendant and Appellee
Appeal from: District Court, South Central Judicial District, Morton County
Judge Bruce A. Romanick
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Severin, Ringsak & Morrow
Appellee: Sherry Mills Moore
Term: 01/2004   Argument: 01/15/2004  09:30am
ND cite: 2004 ND 31
NW cite: 674 N.W.2d 505

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Issues: Appellant's Statement of the Issues:
1. Did the trial court commit reversible error when it found that no domestic violence had occurred to trigger the presumption against an award of custody to Schumacher?
2. Did the trial court commit reversible error when it found that Schumacher had greater love, affection, and other emotional ties between Shawn and her parents?
3. Did the trial court commit reversible error when it found that factor (a) under section 14-09-06.2(1), N.D.Cent.Code favored Schumacher?
4. Did the trial court commit reversible error when it found that factor (f) under section 14-09-06.2(1), N.D.Cent.Code favored Schumacher?
5. Did the trial court commit reversible error when it found that factor (g) under section 14-09-06.2(1), N.D.Cent.Code favored Schumacher?
6. Did the trial court commit reversible error when it found that factor (k) under section 14-09-06.2(1), N.D.Cent.Code favored Schumacher?
7. Did the trial court commit reversible error when it found that factor (b) under section 14-09-06.2(1), N.D.Cent.Code favored Schumacher?
8. Did the trial court commit reversible error when it found that factor (c) under section 14-09-06.2(1), N.D.Cent.Code favored Schumacher?

Appellee's Statement of the Issues:
1. When the record was replete with inconsistencies by Karen Hall, did the court commit clear error by not finding credible evidence of domestic violence triggering a presumption of custody?
2. Did the court commit clear error by determining that Thane was favored on eight of factors constituting the best interest of the child?

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Docket entries:
108/07/2003 NOTICE OF APPEAL: 08/06/2003
208/07/2003 ORDER FOR TRANSCRIPT: 08/06/2003
309/05/2003 TRANSCRIPT DATED 5-22-03 (Vol. I) and 5-23-03 (Vol. II)
409/05/2003 DISK - Transcripts (TR1 dated 5-22-03 and TR2 dated 5-23-03)
509/15/2003 RECORD ON APPEAL with exhibits
610/14/2003 MOT. EXT/TIME APPELLANT BRIEF (in Letter Form - Faxed)
710/14/2003 E-FILED MOTION (MAT)
810/14/2003 ACTION BY CLERK (MAT). Granted: 10/24/2003
910/21/2003 APPELLANT BRIEF
1010/21/2003 APPELLANT APPENDIX
1110/21/2003 DISK - ATB (e-mailed)
1210/24/2003 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
1311/17/2003 Replacement pages for the Appellant's Appendix
1411/19/2003 APPELLEE BRIEF
1511/19/2003 APPELLEE APPENDIX
1611/21/2003 Corrected Table of Authorities and pages for AEB
1711/21/2003 DISK - AEB
1812/29/2003 SITTING WITH THE COURT: Olson, Everett Nels
1901/15/2004 APPEARANCES: Kent M. Morrow; Sherry Mills Moore, Thane Schumacher
2001/15/2004 ARGUED: Morrow; Moore (Vol. Y; Page 194)
2101/15/2004 ORAL ARGUMENT WEBCAST
2202/02/2004 DISPOSITION: AFFIRMED
2302/02/2004 SPLIT OPINION: Sandstrom, Dale V.
2402/02/2004 (CONCUR IN RESULT): VandeWalle, Gerald W.: CON/RES
2502/02/2004 Costs on appeal taxed in favor of Appellee
2602/02/2004 Judgment Mailed to Parties
2702/12/2004 Supplemental Clerk's Certificate dated 2-10-04 (Entry Nos. 84-86)
2802/17/2004 Supplemental Clerk's Certificate dated 2-13-04 (Entry Nos. 87-88)
2902/24/2004 MANDATE
3011/26/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3111/08/2010 EXPUNGED - Nonpermanent record items destroyed

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