Lee v. Lee

20040184 Bruce Lee, Plaintiff, Appellant
and Cross-Appellee
v.
Susan Lee, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, South Central Judicial District, Mercer County
Judge Sonna M. Anderson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Loren Cay McCray
Appellee: Neubauer & Oster
Term: 03/2005   Argument: 03/29/2005  9:30am
ND cite: 2005 ND 129
NW cite: 699 N.W.2d 842

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Was the trial court clearly erroneous in finding that the divorce stipulation was an enforceable contract waiving the establishment of child support?
Did the trial court abuse its discretion by awarding Susan Lee attorney's fees?

Appellee's Statement of the Issues:
A. Appellee and Cross-Appellant issue on Cross-Appeal.
1. Whether the trial court erroneously applied the law of spousal support by failing to follow the law and evidence in finding no significant change of circumstances to justify a modification of the spousal support payments .
B. Restatement of Appellant's issues on Appeal.
1. Was the trial court clearly erroneous in finding that the divorce stipulation was an enforceable contract waiving the establishment of child support?
2. Did the trial court abuse its discretion by awarding Susan Lee attorney's fees?

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Docket entries:
107/09/2004 NOTICE OF APPEAL: 07/08/2004
207/09/2004 ORDER FOR TRANSCRIPT: 07/08/2004
307/20/2004 NOTICE OF CROSS APPEAL (filed in trial court 7-16-04)
408/10/2004 RECORD ON APPEAL (3 vols.)
509/08/2004 MOT. EXT/TIME TRANSCRIPT
609/10/2004 ACTION BY CHIEF JUSTICE. Granted: 10/18/2004
710/15/2004 TRANSCRIPTS DATED March 4, 2004 & March 19, 2004 (2 volumes)
810/15/2004 DISKS (2) (TRA) (3/4/04 & 3/19/04)
911/19/2004 MOT. EXT/TIME APPELLANT BRIEF
1011/19/2004 ACTION BY CLERK. Granted: 12/01/2004
1112/01/2004 APPELLANT APPENDIX
1212/06/2004 APPELLANT BRIEF (e-filed)
1312/06/2004 E-FILED BRIEF (ATB)
1412/07/2004 Payment of $25 surcharge for filing electronic ATB (Receipt #15880)
1512/07/2004 Copies of electronic ATB
1612/30/2004 MOT. EXT/TIME APPELLEE BRIEF
1712/30/2004 ACTION BY Chief Deputy CLERK. Granted: 02/04/2005
1812/30/2004 E-FILED MOTION (by facsimile transmission)
1901/03/2005 Original Mot/Ext/AEB (same as faxed copy filed 12-30-04)
2002/04/2005 APPELLEE BRIEF
2102/04/2005 APPELLEE APPENDIX
2202/04/2005 DISK - AEB
2303/29/2005 APPEARANCES: Loren Cay McCray; Brenda A. Neubauer and Susan Lee
2403/29/2005 ARGUED: McCray; Neubauer (Vol. Z; Page 98)
2503/29/2005 ORAL ARGUMENT WEBCAST
2607/13/2005 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2707/13/2005 SPLIT OPINION: Kapsner, Carol Ronning
2807/13/2005 (CONCUR IN RESULT): VandeWalle, Gerald W.: CON/RES
2907/13/2005 (CONCUR AND DISSENT): Sandstrom, Dale V.: CON/DIS
3007/13/2005 At the direction of the Court neither party have and recover costs on this appeal
3107/14/2004 Judgment Mailed to Parties
3208/05/2005 MANDATE
3308/09/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3409/08/2011 EXPUNGED - Nonpermanent record items destroyed

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