Horner v. Horner

20030367 Gilbert S. Horner, Plaintiff and Appellant
v.
Edwina M. Horner, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Emmons County
Judge Robert O. Wefald
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Richard B. Baer
Appellee: Donavin L. Grenz
Term: 05/2004   Argument: 05/10/2004  2:45pm
ND cite: 2004 ND 165
NW cite: 686 N.W.2d 131

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
112/18/2003 NOTICE OF APPEAL: 12/17/2003
212/18/2003 ORDER FOR TRANSCRIPT: 12/17/2003
312/19/2003 RETENTION OF RECORD ON APPEAL (Cynthia Kurtz): 02/05/2004
401/23/2004 TRANSCRIPT DATED 8-12-03
501/23/2004 DISK - tra (8-12-03)
601/29/2004 RECORD ON APPEAL (w/exception of Clerk's Cert. Nos. 10 (steno notes); 33 & 36 (shorthand notes)
703/02/2004 APPELLANT BRIEF
803/02/2004 APPELLANT APPENDIX
903/02/2004 DISK - ATB
1003/30/2004 REQ. EXT/TIME APPELLEE BRIEF (faxed)
1103/30/2004 E-FILED MOTION (Req.Ext.of AEB)
1203/30/2004 ACTION BY CLERK, w/understanding case will be on May Term. Granted: 04/13/2004
1304/13/2004 APPELLEE BRIEF
1404/13/2004 DISK - AEB
1505/10/2004 APPEARANCES: Richard B. Baer, Gilbert Horner; Donavin L. Grenz
1605/10/2004 ARGUED: Baer; Grenz (Vol. Y; Page 237)
1705/10/2004 ORAL ARGUMENT WEBCAST
1808/31/2004 DISPOSITION: AFFIRMED
1908/31/2004 SPLIT OPINION: Neumann, William A.
2008/31/2004 Dissent: Sandstrom, Dale V.: DISSENT
2108/31/2004 Costs on appeal awarded in favor of Appellee
2209/01/2004 Order/Judgment Mailed to Parties
2309/22/2004 MANDATE
2410/11/2004 Corrected Opinion Page nine
2509/29/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2605/23/2011 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 10/30/2014