Manning v. Manning
Anita Manning, n/k/a
Anita Marchant, Plaintiff and Appellee
Phillip C. Manning, Defendant and Appellant
Northeast Judicial District,
Judge Donovan John Foughty
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||12/2005  Argument: 12/13/2005|
|ND cite:||2006 ND 67|
711 N.W.2d 149
Appellant's Statement of the Issues:|
I. The trial court's failure to find a presumption of abuse and domestic violence was clearly erroneous.
II. The Trial Court erred in allowing one person to serve as Guardian Ad Litem and Custody Investigator, and is reviewable as a matter of law.
III. The court violated Canons 3E(1) and 3B(7) of the Code of Judicial Conduct and failed to disqualify as mandated.
IV. The Court erred in denying the Appellant's motion for spoliation of evidence when finding Marchant took no steps to destroy evidence, and is clearly erroneous.
V. The trial court failed to follow the two step analysis set forth by the legislature, and it's finding is clearly erroneous.
VI. Due process right to 'fundamentally fair' and full hearing was denied and as a matter of law, is fully reviewable.
VII. Social Service conduct represented a fraud upon the court, and the court's failure to recognize was clearly erroneous.
Appellee's Statement of the Issues:
I. Whether the district erred when it found no presumption of domestic violence.
II. Whether the district court erred when it appointed one person to serve the dual role of Guardian Ad Litem and Custody Investigator.
III. Whether the district court's alleged violations of judicial canons warranted disqualification.
IV. Whether the district court abused its discretion when it ruled there was no evidence of spoliation.
V. Whether the district court failed to follow the two-step procedure on the statute for modification of custody.
VI. Whether the district court violated the parties' constitutional due process rights when it limited the length of a custody trial to two and one-half days.
VII. Whether the district court abused its discretion when it did not accept accusations of fraud by social services.
VIII. Whether the district court erred when it denied Manning's motion for relief from Judgment under North Dakota Rule of Civil Procedure 60(b)(iv) and (vi).
|Add Docket 20050065 RSS|
|1||02/23/2005 NOTICE OF APPEAL: 02/22/2005|
|2||02/23/2005 ORDER FOR TRANSCRIPT (Wendy Asperheim): 02/22/2005|
|3||03/14/2005 Letter from Wendy Asperheim dated 3-11-05 RE: Suspension of Transcript Preparation|
|4||03/14/2005 MOT. EXT/TIME APPELLANT BRIEF (due to suspension of transcript preparation)|
|5||03/25/2005 RECORD ON APPEAL (11 Volumes) including exhibits and sealed separates. Not forwarded with the ROA|
|6||03/25/2005 were Nos. 190 (Cassett Tapes), 298 (Def. Ex. #2 - Video Tape), 308 (Pl. Ex. #3 - Madison's shoe),|
|7||03/25/2005 320 (Pl. Ex. #7 - Photos), 321 (Pl. Ex. #9 - Cassett Tape). The ROA contains numerous sealed|
|8||03/25/2005 envelopes. Envelopes #48, 68, 71, 320, 330 & 351, were opened, not sealed when received and|
|9||03/25/2005 exhibits & photos were missing from Nos. 48 (Exh A & C missing), 68 (Ex. A-J missing),|
|10||03/25/2005 320 (Photos missing), and 330 (6 Photos missing).|
|11||04/01/2005 Court Recorder Received Payment for preparation of Transcript prep of transcript resumed|
|12||04/13/2005 MOT. EXT/TIME TRANSCRIPT (Wendy Asperheim)|
|13||04/13/2005 ACTION BY TRIAL COURT. Granted: 05/18/2005|
|14||04/13/2005 SUPPLEMENTAL "AMENDED" CLERK'S CERTIFICATE OF RECORD (Entries 410 thru 419)|
|15||04/27/2005 MOTION to Withdraw as counsel by Robert Fleming; Affidavit and Brief in Support; Aff. Service. RspDue: 05/09/2005|
|16||04/27/2005 E-FILED MOTION (by fax)|
|17||05/05/2005 ACTION BY CHIEF JUSTICE (Mot/Withdraw/Counsel - Fleming). Granted|
|18||05/05/2005 MOTION TO REMAND (Entitled "Motion For Leave to File Rule 60(b) Motion")|
|19||05/05/2005 ACTION BY CHIEF JUSTICE (Mot/Remand). Granted|
|20||05/06/2005 ORDER OF REMAND|
|21||05/06/2005 Order of Remand Mailed to Parties|
|22||05/06/2005 2nd Supplemental Clerk's Certificate dated 5-5-05 (Entry Nos. 420-430)|
|23||05/16/2005 TRANSCRIPTS DATED 12/3/03;12/19/03;3/8/04;3/11/04;3/12/04;3/30/04;6/17/04;8/30/04;&9/8/04 (9 vols.)|
|24||05/18/2005 DISK (3) (TRA) (12/3/03;12/19/03;3/8/04;3/11/04;3/12/04;3/30/04;6/17/04;8/30/04;&9/8/04)|
|25||08/04/2005 Copy of Memorandum Opinion and Order Denying Rule 60(b) Motion|
|26||08/04/2005 Reset briefing schedule after remand|
|27||08/04/2005 ACTION BY CHIEF DEPUTY CLERK. Granted: 09/13/2005|
|28||08/15/2005 Notice of Appeal Denial of Rule 60(b) Motion (included in document requesting extensions). Granted|
|29||08/15/2005 ACTION BY CHIEF JUSTICE (File as 2nd Notice of Appeal)|
|30||08/15/2005 MOT. EXT/TIME APPELLANT BRIEF (part of 2nd NOA document)|
|31||08/15/2005 ACTION BY CHIEF JUSTICE (MAT). Granted: 09/30/2005|
|32||08/15/2005 MOTION FOR EXTENDED LENGTH OF APPELLANT BRIEF (Part of 2nd NOA Document)|
|33||08/15/2005 ACTION BY CHIEF JUSTICE (Mot. for Extended Length of ATB) (Part of 2nd NOA Document). Denied|
|34||08/18/2005 Second Notice of Appeal filed in the trial court on August 15, 2005|
|35||08/29/2005 3RD SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD DATED AUGUST 24, 2005 (432-460) INCLUDING SEPARATES|
|36||09/13/2005 Transcript dated 7-20-05|
|37||09/14/2005 DISK of tra dtd 7-20-05|
|38||09/30/2005 MOTION regarding visitation treated as motion for remand|
|39||09/30/2005 ACTION BY CHIEF JUSTICE (Mot/Remand). Granted|
|40||09/30/2005 ORDER OF REMAND|
|41||09/30/2005 APPELLANT BRIEF (e-filed pdf)|
|42||09/30/2005 E-FILED BRIEF (ATB)|
|43||09/30/2005 APPELLANT APPENDIX|
|44||09/20/2005 E-FILED APPENDIX (ATA)|
|45||10/03/2005 Order of Remand Mailed to Parties|
|46||10/10/2005 MOTION to Defer Appendix and Notice of Service by Fax|
|47||10/10/2005 E-FILED MOTION to defer appendix (by facsimile)|
|48||10/14/2005 Received the $25 ATB surcharge fee (Receipt No. 16325)|
|49||10/17/2005 Copies of ATB from Central Duplicating|
|50||10/19/2005 Motion to Defer Appendix withdrawn|
|51||10/28/2005 APPELLEE BRIEF|
|52||10/28/2005 APPELLEE APPENDIX (attached to AEB)|
|53||11/04/2005 DISK - aeb (e-mailed)|
|54||11/08/2005 Table of Contents for AEA|
|55||11/09/2005 MOTION FOR LEAVE TO WITHDRAW AS COUNSEL signed by Robert M. Light & STIPULATION FOR WITHDRAWAL|
|56||11/10/2005 ACTION BY CHIEF JUSTICE (Robert Light has been allowed to withdraw as counsel for Anita Marchant). Granted|
|57||11/14/2005 Corrected Certificate of Service by Mail of the Mot/Leave/Withdraw/Counsel|
|58||11/21/2005 REPLY BRIEF (e-filed (pdf)) - filed subject to approval of the Court|
|59||11/21/2005 E-FILED BRIEF (RYB - pdf)|
|60||11/21/2005 Copies made of RYB|
|61||12/02/2005 Letter dated 12-02-05 from Appellee Anita L. Marchant requesting waiver of oral argument (faxed)|
|62||12/02/2005 E-FILED MOTION (AE's request to waive)|
|63||12/02/2005 ACTION BY SUPREME COURT (OA waived on behalf of AE). Granted|
|64||12/12/2005 Letter dated 12-12-05 from Phillip Manning requesting waiver of OA on behalf of AT (faxed)|
|65||12/12/2005 ACTION BY SUPREME COURT (OA waived on behalf of AT). Granted|
|66||12/13/2005 APPEARANCES: submitted on briefs under NDRAppP 34(f)|
|67||12/13/2005 ARGUED: submitted on briefs under NDRAppP 34(f)|
|68||03/29/2006 DISPOSITION: AFFIRMED/PT, DISMISSED/PT|
|69||03/29/2006 UNANIMOUS OPINION: Sandstrom, Dale V.|
|70||03/29/2006 Costs on appeal taxed in favor of appellee|
|71||04/04/2006 Judgment Mailed to Parties|
|72||04/13/2006 MOTION FOR Recusal or Alternatively, Motion for Stay|
|73||04/20/2006 ACTION BY SUPREME COURT. Denied|
|75||05/17/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|76||09/17/2012 EXPUNGED - Nonpermanent record items destroyed|