Horner v. Horner
Gilbert S. Horner, Plaintiff and Appellant
Edwina M. Horner, Defendant and Appellee
South Central Judicial District,
Judge Robert O. Wefald
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||05/2004  Argument: 05/10/2004|
|ND cite:||2004 ND 165|
686 N.W.2d 131
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
A. Did the trial court err as a matter of law by inequitably dividing the marital estate under the applicable guidelines?
B. Did the trial court err by using the property division to sanction the appellate with an inequitable portion?
C. Did the trial court incorrectly divide the marital estate creating a financial hardship on the appellant?
Appellee's Statement of the Issues:
1. Did the trial court err as a matter of law by inequitably dividing the marital estate under the applicable guidelines?
2. Did the trial court err by using property division to sanction the appellant with an inequitable portion?
3. Did the trial court incorrectly divide the marital estate creating a financial hardship on the appellant?
4. Did the trial court err by failing to grant rehabilitative spousal support to the appellee?
5. Did the trial court err by failing to award to appellee her reasonable attorney fees and expenses?
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|1||12/18/2003 NOTICE OF APPEAL: 12/17/2003|
|2||12/18/2003 ORDER FOR TRANSCRIPT: 12/17/2003|
|3||12/19/2003 RETENTION OF RECORD ON APPEAL (Cynthia Kurtz): 02/05/2004|
|4||01/23/2004 TRANSCRIPT DATED 8-12-03|
|5||01/23/2004 DISK - tra (8-12-03)|
|6||01/29/2004 RECORD ON APPEAL (w/exception of Clerk's Cert. Nos. 10 (steno notes); 33 & 36 (shorthand notes)|
|7||03/02/2004 APPELLANT BRIEF|
|8||03/02/2004 APPELLANT APPENDIX|
|9||03/02/2004 DISK - ATB|
|10||03/30/2004 REQ. EXT/TIME APPELLEE BRIEF (faxed)|
|11||03/30/2004 E-FILED MOTION (Req.Ext.of AEB)|
|12||03/30/2004 ACTION BY CLERK, w/understanding case will be on May Term. Granted: 04/13/2004|
|13||04/13/2004 APPELLEE BRIEF|
|14||04/13/2004 DISK - AEB|
|15||05/10/2004 APPEARANCES: Richard B. Baer, Gilbert Horner; Donavin L. Grenz|
|16||05/10/2004 ARGUED: Baer; Grenz (Vol. Y; Page 237)|
|17||05/10/2004 ORAL ARGUMENT WEBCAST|
|18||08/31/2004 DISPOSITION: AFFIRMED|
|19||08/31/2004 SPLIT OPINION: Neumann, William A.|
|20||08/31/2004 Dissent: Sandstrom, Dale V.: DISSENT|
|21||08/31/2004 Costs on appeal awarded in favor of Appellee|
|22||09/01/2004 Order/Judgment Mailed to Parties|
|24||10/11/2004 Corrected Opinion Page nine|
|25||09/29/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||05/23/2011 EXPUNGED - Nonpermanent record items destroyed|