L.C.V. v. D.E.G.
L.C.V., Plaintiff and Appellant
D.E.G., Defendant and Appellee
East Central Judicial District,
Judge Lawrence A. Leclerc
|Nature of Action:||Paternity|
|Term:||09/2005  Argument: 09/07/2005|
|ND cite:||2005 ND 180|
705 N.W.2d 257
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
A. Is the trial court's findings of fact that the parties' shared joint physical custody of A.F.V. prior to trial clearly erroneous?
1. Is the trial court's finding that L.C.V. was not A.F.V.'s primary caretaker clearly erroneous?
2. Is the trial court's finding that in the early years A.F.V. resided equally in both parties' home clearly erroneous?
B. Is the trial court's findings of fact that the best interest factors favor D.E.G. clearly erroneous?
C. Did the trial court commit reversible error in arbitrarily disregarding the conclusion of the custody investigator?
D. Did the trial court commit reversible error by failing to award L.C.V. retroactive child support?
E. Did the trial court commit reversible error in failing to award L.C.V. attorney's fees?
Appellee's Statement of the Issues:
A. Did the trial court's assessment of the best interests factors adequately support the court's conclusion that the father should be awarded custody, even though the custody investigator had recommended joint custody?
B. Should the trial court have awarded retroactive child support in light of its factual findings that the parties had shared custody prior to the commencement of a paternity action?
C. Does North Dakota Century Code Section 14-17-15 support an award of attorney's fees when there has not been a finding of a frivolous claim for relief?
|Add Docket 20050008 RSS|
|1||01/11/2005 NOTICE OF APPEAL: 01/07/2005|
|2||01/11/2005 ORDER FOR TRANSCRIPT: 01/07/2005|
|3||01/11/2005 THIS CASE IS CONFIDENTIAL|
|4||01/31/2005 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|5||01/31/2005 MOTION and Brief for Stay Pending Appeal|
|6||01/31/2005 Affidavit of Service by Mail of Motion and Brief for Stay Pending Appeal|
|7||02/02/2005 ACTION BY SUPREME COURT (Mot/Stay). Denied|
|8||02/03/2005 RETENTION OF RECORD ON APPEAL: 02/26/2005|
|9||02/25/2005 MOT. EXT/TIME TRANSCRIPT|
|10||02/25/2005 ACTION BY TRIAL COURT (MTR). Granted: 04/06/2005|
|11||04/06/2005 TRANSCRIPTS DATED November 1, 2004 (V.1) & November 2, 2004 (V.2)|
|12||04/06/2005 DISK of tras dtd 11-1-04 & 11-2-04|
|13||04/07/2005 RECORD ON APPEAL, which includes exhibits|
|14||05/10/2005 MOT. EXT/TIME APPELLEE BRIEF|
|15||05/11/2005 ACTION BY CLERK (MAE). Granted: 06/23/2005|
|16||05/12/2005 Return to Motion for Extension of Time for Appellee's Brief|
|17||05/11/2005 APPELLANT BRIEF|
|18||05/11/2005 APPELLANT APPENDIX|
|19||05/17/2005 DISK - ATB|
|20||06/23/2005 APPELLEE BRIEF|
|21||06/23/2005 DISK - AEB|
|22||07/07/2005 REPLY BRIEF of Appellant|
|23||07/08/2005 DISK - RYB|
|24||07/22/2005 SITTING WITH THE COURT: Fontaine, Laurie A.|
|25||09/07/2005 APPEARANCES: Robert J. Schultz, Stephannie N. Stiel; Maureen Holman|
|26||09/07/2005 ARGUED: Schultz; Holman|
|27||09/07/2005 ORAL ARGUMENT WEBCAST|
|28||10/26/2005 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT|
|29||10/26/2005 UNANIMOUS OPINION: Crothers, Daniel John|
|30||10/26/2005 At Court's direction, no costs are assessed|
|31||10/26/2005 Judgment Mailed to Parties|
|32||11/09/2005 Supplemental Clerk's Certificate dated 11-4-05 (Entry Nos. 82-84)|
|34||11/21/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|35||07/19/2012 EXPUNGED - Nonpermanent record items destroyed|