L.C.V. v. D.E.G.

20050008 L.C.V., Plaintiff and Appellant
v.
D.E.G., Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Lawrence A. Leclerc
Nature of Action: Paternity
Counsel:
Appellant: Conmy Feste, Ltd.
Appellee: Serkland Law Firm
Term: 09/2005   Argument: 09/07/2005  1:30pm
ND cite: 2005 ND 180
NW cite: 705 N.W.2d 257

Listen to recording of oral argument in MP3 format

Issues: 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?

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Docket entries:
101/11/2005 NOTICE OF APPEAL: 01/07/2005
201/11/2005 ORDER FOR TRANSCRIPT: 01/07/2005
301/11/2005 THIS CASE IS CONFIDENTIAL
401/31/2005 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
501/31/2005 MOTION and Brief for Stay Pending Appeal
601/31/2005 Affidavit of Service by Mail of Motion and Brief for Stay Pending Appeal
702/02/2005 ACTION BY SUPREME COURT (Mot/Stay). Denied
802/03/2005 RETENTION OF RECORD ON APPEAL: 02/26/2005
902/25/2005 MOT. EXT/TIME TRANSCRIPT
1002/25/2005 ACTION BY TRIAL COURT (MTR). Granted: 04/06/2005
1104/06/2005 TRANSCRIPTS DATED November 1, 2004 (V.1) & November 2, 2004 (V.2)
1204/06/2005 DISK of tras dtd 11-1-04 & 11-2-04
1304/07/2005 RECORD ON APPEAL, which includes exhibits
1405/10/2005 MOT. EXT/TIME APPELLEE BRIEF
1505/11/2005 ACTION BY CLERK (MAE). Granted: 06/23/2005
1605/12/2005 Return to Motion for Extension of Time for Appellee's Brief
1705/11/2005 APPELLANT BRIEF
1805/11/2005 APPELLANT APPENDIX
1905/17/2005 DISK - ATB
2006/23/2005 APPELLEE BRIEF
2106/23/2005 DISK - AEB
2207/07/2005 REPLY BRIEF of Appellant
2307/08/2005 DISK - RYB
2407/22/2005 SITTING WITH THE COURT: Fontaine, Laurie A.
2509/07/2005 APPEARANCES: Robert J. Schultz, Stephannie N. Stiel; Maureen Holman
2609/07/2005 ARGUED: Schultz; Holman
2709/07/2005 ORAL ARGUMENT WEBCAST
2810/26/2005 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
2910/26/2005 UNANIMOUS OPINION: Crothers, Daniel John
3010/26/2005 At Court's direction, no costs are assessed
3110/26/2005 Judgment Mailed to Parties
3211/09/2005 Supplemental Clerk's Certificate dated 11-4-05 (Entry Nos. 82-84)
3311/17/2005 MANDATE
3411/21/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3507/19/2012 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/01/2014