Giese v. Giese

20030278 Robert D. Giese, Plaintiff and Appellant
v.
Eva Giese, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Donald L. Jorgensen
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellee: Richard B. Baer
Appellant: Fleck Law Office
Term: 03/2004   Argument: 03/04/2004  10:45am
ND cite: 2004 ND 58
NW cite: 676 N.W.2d 794

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
109/24/2003 NOTICE OF APPEAL: 09/22/2003
209/24/2003 ORDER FOR TRANSCRIPT: 09/22/2003
310/01/2003 RETENTION OF RECORD ON APPEAL: 11/11/2003
411/10/2003 TRANSCRIPT DATED July 18, 2003
511/12/2003 DISK - tra (7-18-03)
611/12/2003 RECORD ON APPEAL (4 vols.) & Exhibits (Not Rec'd: #21 & 29--Notices of Trial)
711/17/2003 Supplemental Clerk's Certificate dated 11-14-03 (Entry Nos. 21 & 29)
811/18/2003 Certificate of Service of Copies of Transcript
912/22/2003 MOT. EXT/TIME APPELLANT BRIEF
1012/22/2003 ACTION BY CLERK (MAT). Granted: 12/29/2003
1112/29/2003 APPELLANT BRIEF
1212/29/2003 APPELLANT APPENDIX
1312/30/2003 DISK - ATB
1401/26/2004 APPELLEE BRIEF
1501/27/2004 DISK - AEB
1602/12/2004 REPLY BRIEF of Appellant
1702/17/2004 DISK - RYB
1803/04/2004 APPEARANCES: Arnold V. Fleck and Robert D. Giese; Richard B. Baer
1903/04/2004 ARGUED: Fleck; Baer (Vol. Y; Page 210)
2003/04/2004 ORAL ARGUMENT WEBCAST
2103/23/2004 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
2203/23/2004 UNANIMOUS OPINION: Maring, Mary Muehlen
2303/23/2004 Costs on appeal taxed in favor of Appellee
2403/25/2004 Judgment Mailed to Parties
2504/15/2004 Supplemental Clerk's Certificate dated 4-14-04 (Entry No. 171)
2604/21/2004 MANDATE
2704/22/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2811/29/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/24/2014