Ingebretson v. Ingebretson

20040156 Marlin W. Ingebretson, Plaintiff and Appellant
v.
Marla K. Ingebretson, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Traill County
Judge Cynthia Rothe-Seeger
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Pearson Christensen & Clapp, PLLP
Appellee: Wayne T. Anderson
Term: 01/2005   Argument: 01/13/2005  10:45am
ND cite: 2005 ND 41
NW cite: 693 N.W.2d 1

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the District Court's award of permanent spousal support is clearly erroneous where the party benefiting from the award testified that her need for support was limited to ten years
2. Whether the District Court's award of permanent spousal support is clearly erroneous where the party benefiting from the award offered evidence that she had monthly expenses of approximately $3,000 but the District Court determined she had monthly living expenses of $4,851.
3. Whether the District Court's award of permanent spousal support is clearly erroneous where the party benefiting from the award was not disadvantaged by the marriage.

Appellee's Statement of the Issues:
A.Did the District Court Err by Awarding Permanent Spousal Support When the Recipient Testified to a Ten Year Need?br> B.Is the Trial Court Obligated to Accept the Evidence of a Party as to Estimated Living Expenses?
C.Is the Trial Court Obligated to Set the Term of Spousal Support as Testified by a Party?

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Docket entries:
106/11/2004 NOTICE OF APPEAL: 06/09/2004
206/11/2004 ORDER FOR TRANSCRIPT: 06/09/2004
306/15/2004 RETENTION OF RECORD ON APPEAL (by Appellee): 11/26/2004
407/12/2004 Letter from Catherine Jorgensen re: suspension of transcript due to nonpayment
507/19/2004 MOT. EXT/TIME TRANSCRIPT
607/19/2004 ACTION BY TRIAL COURT. Granted: 09/07/2004
708/31/2004 MOT. EXT/TIME TRANSCRIPT (Fax)
808/31/2004 ACTION BY CLERK. Granted: 09/17/2004
909/01/2004 Original of MTR
1009/16/2004 TRANSCRIPT DATED 11-12-03, 11-13-03, & 4-7-04 (3 vols.)
1109/17/2004 DISK (3 disks) (TRA) (11-12-03, 11-13-03, & 4-7-04)
1209/23/2004 RECORD ON APPEAL (2 Vols.) and Exhibits
1309/23/2004 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
1410/05/2004 Request for Return of ROA (letter from Mr. Anderson dated 10-4-04)
1510/05/2004 RETURN OF ROA TO DIST. CT.
1610/05/2004 ACTION BY CLERK. Granted
1710/25/2004 MOT. EXT/TIME APPELLANT BRIEF (letter form w/attachment - no objection from AE)
1810/25/2004 ACTION BY CLERK. Granted: 10/29/2004
1910/25/2004 E-FILED MOTION (MAT/via fax)
2010/27/2004 Letter dated 10-25-04 from Wayne T. Anderson stating his client does not object to MAT
2110/27/2004 APPELLANT APPENDIX
2210/27/2004 APPELLANT BRIEF
2310/27/2004 E-FILED BRIEF (ATB)
2410/28/2004 Payment of $25 fee for filing electronic ATB (Receipt #15832)
2511/02/2004 Seven copies of ATB from Central Duplicating
2611/02/2004 Pages 71 through 74 for ATA
2711/23/2004 APPELLEE BRIEF
2811/24/2004 DISK of AEB
2912/01/2004 Refiled RECORD ON APPEAL (2 vols.) and Exhibits
3012/07/2004 REPLY BRIEF
3112/07/2004 E-FILED BRIEF (RYB)
3212/07/2004 Copies of electronic RYB
3301/12/2005 SITTING WITH THE COURT: Hodny, William F.
3401/13/2005 APPEARANCES: Douglas A. Christensen; Wayne T. Anderson
3501/13/2005 ARGUED: Christensen; Anderson (Vol. Z; Page 76)
3601/13/2005 ORAL ARGUMENT WEBCAST
3702/22/2005 DISPOSITION: REVERSED AND REMANDED
3802/22/2005 SPLIT OPINION: Kapsner, Carol Ronning
3902/22/2005 (CONCURRING AND DISSENTING): Sandstrom, Dale V.: CON/DIS
4002/22/2005 Costs on appeal are taxed in favor of Appellant
4102/23/2005 Judgment Mailed to Parties
4203/17/2005 MANDATE
4303/21/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4408/31/2011 EXPUNGED - Nonpermanent record items destroyed

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