Wigginton v. Wigginton

20040153 Sandra Wigginton, Plaintiff and Appellee
v.
Joel Wigginton, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Williams County
Judge David W. Nelson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Slorby Law Office
Appellee: Chapman Law Office
Term: 11/2004   Argument: 11/29/2004  1:30pm
ND cite: 2005 ND 31
NW cite: 692 N.W.2d 108

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the trial court erred in denying Joel any right to visitation.
II. Whether the trial court erred in requiring Joel to pay child support from June, 2001 through September, 2003.
III. Whether the trial court erred in allowing Sandra to claim the children as dependants.

Appellee's Statement of the Issues:
1. The trial court granted Joel visitation with his children and its findings of fact are not clearly erroneous.
2. The trial court did not err or abuse its discretion in awarding Sandra child support beginning the month after the effective date of the uncontested interim order which granted her sole physical custody of the children.
3. The trial court did not err in granting Sandra the additional tax exemption for Courtney.
4. Sandra should be awarded her costs and reasonable attorney fees for having to defend this frivolous appeal.

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Docket entries:
106/09/2004 NOTICE OF APPEAL: 06/08/2004
206/09/2004 ORDER FOR TRANSCRIPT (Jean Carrier, Ct. Reporter): 06/08/2004
307/02/2004 RETENTION OF RECORD ON APPEAL: 07/28/2004
407/27/2004 TRANSCRIPT DATED February 19, 2004
507/27/2004 DISK - TRA of 02-19-04 (e-mailed)
607/28/2004 RECORD ON APPEAL, w/exception of two Recorder's Logs
709/02/2004 APPELLANT BRIEF
809/02/2004 APPELLANT APPENDIX
909/03/2004 DISK - atb
1009/08/2004 Copies of page 56 for the Appellant's Appendix
1110/01/2004 APPELLEE BRIEF
1210/04/2004 DISK - AEB
1311/29/2004 APPEARANCES: Tom P. Slorby; Kevin J. Chapman, Sandra Wigginton
1411/29/2004 ARGUED: Slorby; Chapman (Vol. Z; Page 59)
1511/29/2004 ORAL ARGUMENT WEBCAST
1602/16/2005 DISPOSITION: AFFIRMED/PT, REVERSED/PT
1702/16/2005 SPLIT OPINION: Kapsner, Carol Ronning
1802/16/2005 (CONCUR): Sandstrom, Dale V.: CONCUR
1902/16/2005 At the direction of the court, no costs will be assessed to either party
2002/18/2005 Judgment Mailed to Parties
2103/10/2005 MANDATE
2203/14/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2304/01/2005 Corrected Opinion Pages 3 & 7
2408/31/2011 EXPUNGED - Nonpermanent record items destroyed

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