Giese v. Giese
Robert D. Giese, Plaintiff and Appellant
Eva Giese, Defendant and Appellee
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||03/2004  Argument: 03/04/2004|
|ND cite:||2004 ND 58|
676 N.W.2d 794
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether the trial court abused its discretion in finding Robert in contempt?
2. Whether the trial court had jurisdiction over Eva's claim arising from the payment of retirement benefits to Robert prior to implementation of the Qualified Domestic Relations Order?
3. If the trial court had jurisdiction over Eva's claim, whether the trial court erred by granting her damages without requiring Eva prove she had a viable claim for which relief may be granted?
4. If the trial court had jurisdiction over Eva's claim and she proved her claim, whether the trial court erred in calculating Eva's damages by adding monthly deductions to gross monthly benefits to arrive at Robert's gross monthly retirement benefits?
5. If the trial court had jurisdiction over Eva's claim and she proved her claim, whether the trial court erred in determining her damages by failing to consider the income tax liability issues arising from payment of 100% of the retirement benefits to Robert?
6. If the trial court had jurisdiction over Eva Giese's claim and she proved her claim, whether the trial court abused its discretion in awarding attorney fees to Eva?
7. If the trial court had jurisdiction over Eva's claim and she proved her claim, whether the trial court erred by directing that the payment of her damages be paid only from Robert's future retirement benefits?
Appellee's Statement of the Issues:
1. Was the trial court correct in finding the appellant in contempt?
2. Did the court have jurisdiction to find the appellant in contempt?
3. Did the trial court correctly award the appellee damages as a remedial sanction for the contempt of the appellant?
4. Did the trial court correctly set the amount of damages?
5. Was the trial court within its discretionary limit to set damages without considering the tax liability to the appellant?
6. Did the trial court properly award attorney's fees to the appellee?
7. Should the trial court have allowed the appellant the opportunity to pay his damages from sources other than his future retirement benefits?
8. Should this Court award costs on this appeal as the appeal is frivolous?
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|1||09/24/2003 NOTICE OF APPEAL: 09/22/2003|
|2||09/24/2003 ORDER FOR TRANSCRIPT: 09/22/2003|
|3||10/01/2003 RETENTION OF RECORD ON APPEAL: 11/11/2003|
|4||11/10/2003 TRANSCRIPT DATED July 18, 2003|
|5||11/12/2003 DISK - tra (7-18-03)|
|6||11/12/2003 RECORD ON APPEAL (4 vols.) & Exhibits (Not Rec'd: #21 & 29--Notices of Trial)|
|7||11/17/2003 Supplemental Clerk's Certificate dated 11-14-03 (Entry Nos. 21 & 29)|
|8||11/18/2003 Certificate of Service of Copies of Transcript|
|9||12/22/2003 MOT. EXT/TIME APPELLANT BRIEF|
|10||12/22/2003 ACTION BY CLERK (MAT). Granted: 12/29/2003|
|11||12/29/2003 APPELLANT BRIEF|
|12||12/29/2003 APPELLANT APPENDIX|
|13||12/30/2003 DISK - ATB|
|14||01/26/2004 APPELLEE BRIEF|
|15||01/27/2004 DISK - AEB|
|16||02/12/2004 REPLY BRIEF of Appellant|
|17||02/17/2004 DISK - RYB|
|18||03/04/2004 APPEARANCES: Arnold V. Fleck and Robert D. Giese; Richard B. Baer|
|19||03/04/2004 ARGUED: Fleck; Baer (Vol. Y; Page 210)|
|20||03/04/2004 ORAL ARGUMENT WEBCAST|
|21||03/23/2004 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT|
|22||03/23/2004 UNANIMOUS OPINION: Maring, Mary Muehlen|
|23||03/23/2004 Costs on appeal taxed in favor of Appellee|
|24||03/25/2004 Judgment Mailed to Parties|
|25||04/15/2004 Supplemental Clerk's Certificate dated 4-14-04 (Entry No. 171)|
|27||04/22/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||11/29/2010 EXPUNGED - Nonpermanent record items destroyed|