Brandner v. Brandner
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| 20040236 |
Cheryl Ann Brandner, Plaintiff and Appellee
v.
Allan Michael Brandner, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Robert O. Wefald |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
03/2005 Argument: 03/03/2005 09:30am
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| ND cite: |
2005 ND 111
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| NW cite: |
698 N.W.2d 259
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. The property and debt division between the parties was inequitable and erroneous and it was partially based upon inappropriate factors.
2. The calculation of Allan's child support obligation was erroneous based or imputed upon his employment with the railroad ten years prior to the trial.
Appellee's Statement of the Issues:
I. The property and debt division between the parties was inequitable and erroneous and it was partially based upon inappropriate factors.
II. The calculation of Allan's child support obligation was erroneous based on imputed upon his employment with the railroad ten years prior to the trial. One year.
Issue on Cross Appeal
I. The trial court erred in establishing Allan's support obligation effective with the month of June, 2004, rather than retroactive to the month of April, 2003, the month in which the divorce action was commenced.
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| 1 | | 08/23/2004 | |
NOTICE OF APPEAL: 08/20/2004 |
| 2 | | 08/23/2004 | |
ORDER FOR TRANSCRIPT: 08/20/2004 |
| 3 | | 08/31/2004 | |
PETITION IN FORMA PAUPERIS TO WAIVE FILING FEE |
| 4 | | 09/01/2004 | |
ACTION BY CLERK (Pet. In Forma Pauperis). Granted |
| 5 | | 09/07/2004 | |
Court Reporter's estimate on cost of appeal transcript and demand for advance payment |
| 6 | | 09/27/2004 | |
RETENTION OF RECORD ON APPEAL (Lois Scharnhorst): 10/09/2004 |
| 7 | | 09/29/2004 | |
MOTION TO REMAND w/attachments and Memorandum in Support. RspDue: 10/11/2004 |
| 8 | | 10/08/2004 | |
Resistance to Motion to Remand, Affidavit of Allan Brandner, & copies of Motion to Remand, |
| 9 | | 10/08/2004 | |
Notice of 3.2 Motion, & letter from Attorney Kroontje to Allan Brandner dated 8-23-04 |
| 10 | | 10/11/2004 | |
MOT. EXT/TIME TRANSCRIPT |
| 11 | | 10/11/2004 | |
ACTION BY TRIAL COURT. Granted: 11/18/2004 |
| 12 | | 10/20/2004 | |
ACTION BY SUPREME COURT (Mot. Remand). Granted |
| 13 | | 10/20/2004 | |
ORDER OF REMAND |
| 14 | | 10/22/2004 | |
TRANSCRIPT DATED 5-11-04 |
| 15 | | 10/22/2004 | |
DISK - TRA (5-11-04) (e-mailed) |
| 16 | | 10/28/2004 | |
RECORD ON APPEAL (2 Vols.) & Exhibits (not rec'd: Clerk's Cert. No. 47 - Court Reporter notes) |
| 17 | | 10/29/2004 | |
Reset due date of Appellant's Brief |
| 18 | | 10/29/2004 | |
ACTION BY CLERK (MAT). Granted: 12/01/2004 |
| 19 | | 11/19/2004 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 20 | | 11/19/2004 | |
ACTION BY CLERK. Granted: 12/29/2004 |
| 21 | | 12/28/2004 | |
APPELLANT BRIEF |
| 22 | | 12/28/2004 | |
APPELLANT APPENDIX |
| 23 | | 12/28/2004 | |
DISK - ATB e-mailed |
| 24 | | 01/25/2005 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support |
| 25 | | 01/25/2005 | |
ACTION BY CLERK. Granted: 02/07/2005 |
| 26 | | 02/07/2005 | |
APPELLEE BRIEF |
| 27 | | 02/07/2005 | |
DISK - AEB (e-mailed) |
| 28 | | 02/22/2005 | |
Appellant's Reply Brief |
| 29 | | 02/24/2005 | |
Corrected TOA for RYB |
| 30 | | 02/24/2005 | |
DISK - RYB |
| 31 | | 03/03/2005 | |
APPEARANCES: Kent M. Morrow, Allan Brandner; William D. Schmidt, Cheryl Brandner |
| 32 | | 03/03/2005 | |
ARGUED: Morrow; Schmidt (Vol. Z; Page 94) |
| 33 | | 03/03/2005 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 06/22/2005 | |
DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT |
| 35 | | 06/22/2005 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 36 | | 06/22/2005 | |
No costs taxed on this appeal |
| 37 | | 06/23/2005 | |
Judgment Mailed to Parties |
| 38 | | 07/15/2005 | |
MANDATE |
| 39 | | 07/21/2005 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 40 | | 10/28/2011 | |
EXPUNGED - Nonpermanent record items destroyed |