Maynard v. McNett
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| 20050090 |
Jeffery J. Maynard, Plaintiff and Appellant
v.
Christa M. McNett,
f/k/a Christa M. Maynard, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Wade L. Webb |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
09/2005 Argument: 09/07/2005 10:45am
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| ND cite: |
2006 ND 36
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| NW cite: |
710 N.W.2d 369
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
I. The trial court erred in finding that Ms. McNett met her burden of proof, and then granting her motion to move out of state.
A. Ms. McNett failed to show, by a preponderance of the evidence, the prospective advantages of the move in improving her quality of life.
B. Ms. McNett failed to show that the move was in the child's best interests.
C. The trial court did not give sufficient weight to the joint physical custody arrangement of the parties.
D. It is appropriate to deny a motion to relocate a minor child where the movant does not meet his or her burden of proof.
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 Add Docket 20050090 RSS
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| 1 | | 03/14/2005 | |
NOTICE OF APPEAL: 03/10/2005 |
| 2 | | 03/14/2005 | |
ORDER FOR TRANSCRIPT: 03/10/2005 |
| 3 | | 03/14/2005 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 4 | | 03/24/2005 | |
TRANSCRIPT DATED 8-30-04 |
| 5 | | 03/24/2005 | |
DISK - e-filed (TRA dated 8-30-04) |
| 6 | | 04/06/2005 | |
TRANSCRIPT DATED January 4, 2005 |
| 7 | | 04/07/2005 | |
DISK - tra (1-4-05) |
| 8 | | 04/12/2005 | |
RECORD ON APPEAL (2 vol. & sep. 34(orig. transcript dated 8-30-04))(Not rec'd-11, 52, 63 (tapes)) |
| 9 | | 05/10/2005 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support |
| 10 | | 05/10/2005 | |
ACTION BY CLERK (10 day ext). Granted: 06/27/2005 |
| 11 | | 05/16/2005 | |
APPELLANT BRIEF |
| 12 | | 05/16/2005 | |
APPELLANT APPENDIX |
| 13 | | 05/17/2005 | |
DISK - ATB |
| 14 | | 05/17/2005 | |
MOTION FOR STAY OF JUDGMENT, BRIEF; AND AFFIDAVIT OF JEFFERY J. MAYNARD |
| 15 | | 05/18/2005 | |
ACTION BY SUPREME COURT (Court declined to issue a Stay). Denied |
| 16 | | 05/18/2005 | |
Order Mailed to Parties |
| 17 | | 06/27/2005 | |
APPELLEE BRIEF |
| 18 | | 06/28/2005 | |
DISK - AEB (e-mailed) |
| 19 | | 07/22/2005 | |
SITTING WITH THE COURT: Fontaine, Laurie A. |
| 20 | | 09/07/2005 | |
APPEARANCES: DeAnn M. Pladson, Jeffrey J. Maynard; Maureen Holman |
| 21 | | 09/07/2005 | |
ARGUED: Pladson; Holman |
| 22 | | 09/07/2005 | |
ORAL ARGUMENT WEBCAST |
| 23 | | 02/08/2006 | |
DISPOSITION: REVERSED |
| 24 | | 02/08/2006 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 25 | | 02/08/2006 | |
(DISSENT): Kapsner, Carol Ronning: DISSENT |
| 26 | | 02/08/2006 | |
(DISSENT): VandeWalle, Gerald W.: DISSENT |
| 27 | | 02/08/2006 | |
Costs on appeal taxed in favor of appellant |
| 28 | | 02/08/2006 | |
Judgment Mailed to Parties |
| 29 | | 02/08/2006 | |
Corrected Opinion Page (Page 9, paragraph 21; Page 10, paragraph 23)see opinion |
| 30 | | 03/10/2006 | |
MANDATE |
| 31 | | 03/15/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 32 | | 05/09/2006 | |
Corrected Opinion Page (Page 6, paragraph 16, line 3, & Page 10, paragraph 21, line 6)see opinion |
| 33 | | 09/18/2012 | |
EXPUNGED - Nonpermanent record items destroyed |