Thompson v. Olson
Cory L. Thompson, Plaintiff and Appellant
Nikki L. Olson, Defendant and Appellee
South Central Judicial District,
Judge Robert O. Wefald
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||10/2005  Argument: 10/19/2005|
|ND cite:||2006 ND 54|
711 N.W.2d 226
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the District Court committed clear error in granting custody of M.T. to Nikki Olson?
II. Whether the District Court committed clear error in setting the terms of visitation?
III. Whether the District Court erred as a matter of law in limiting the parties' time to present their case?
Appellee's Statement of the Issues:
I. Whether the District Court clearly erred in finding that Nikki acted in self defense when she slapped Cory on August 9, 1998, perforating his ear drum.
II. Whether the District Court clearly erred in finding Thompson inflicted domestic violence on Olson constituting serious bodily injury not done by Thompson in self defense, thus triggering the rebuttable presumption against Thompson.
III. Whether the District Court clearly erred in not finding that Nikki's slapping M.T. across the face and head was domestic violence that should have raised the rebuttable presumption against awarding custody to Nikki.
IV. Whether the District Court clearly erred in making no finding on Nikki calling M.T. derogatory names nor on Nikki making derogatory statements about Cory in M.T.'s presence.
V. Whether the District Court clearly erred in finding that Cory failed to present clear and convincing evidence that M.T.'s best interests require him to have custody of her.
VI. Whether, if upon review, the Supreme Court finds the rebuttable presumption has not been triggered, the best interest factors including domestic violence need to be reconsidered.
VII. Whether the case should be remanded for changes in the visitation schedule.
VIII. Whether the parties should have additional time for testimony.
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|1||03/15/2005 NOTICE OF APPEAL: 03/14/2005|
|2||03/15/2005 ORDER FOR TRANSCRIPT: 03/14/2005|
|3||04/13/2005 RETENTION OF RECORD ON APPEAL: 05/03/2005|
|4||05/02/2005 TRANSCRIPT DATED 9-27-04|
|5||05/02/2005 DISK - tra (9-27-04) (e-mailed)|
|6||05/04/2005 RECORD ON APPEAL (2 Vols.)|
|7||05/06/2005 MOTION for Stay Pending Appeal, Brief in Support, & attachments|
|8||05/06/2005 E-FILED MOTION for Stay Pending Appeal, Brief in Support, & attachments|
|9||05/09/2005 Payment of $8.50 for electronic Motion (Receipt No. 16170)|
|10||05/11/2005 ACTION BY SUPREME COURT (Motion for Stay). Denied|
|11||06/13/2005 APPELLANT BRIEF|
|12||06/13/2005 APPELLANT APPENDIX|
|13||06/13/2005 E-FILED BRIEF (Appellant's Brief)|
|14||06/13/2005 E-FILED APPENDIX (Appellant's Appendix)|
|15||06/13/2005 Payment of $61 fee for filing electronically ATB and ATA (Receipt #16206)|
|16||06/20/2005 Received 7 copies of ATB from central duplicating|
|17||06/20/2005 Received 6 copies of ATA from central duplicating|
|18||07/14/2005 APPELLEE BRIEF|
|19||07/14/2005 APPELLEE APPENDIX|
|20||07/18/2005 Corrected TOA & pages 6 & 8 for AEB|
|21||07/20/2005 MOT. EXT/TIME REPLY BRIEF|
|22||07/20/2005 ACTION BY CLERK. Granted: 08/15/2005|
|23||07/20/2005 E-FILED MOTION (MRY/by fax)|
|24||07/21/2005 DISK - AEB (e-mailed)|
|25||08/15/2005 REPLY BRIEF|
|26||08/15/2005 E-FILED BRIEF (Reply Brief)|
|27||08/15/2005 Copies of RYB made|
|28||10/19/2005 APPEARANCES: Suzanne M. Schweigert; Austin G. Engel, Jr., Nikki L. Olson|
|29||10/19/2005 ARGUED: Schweigert; Engel|
|30||10/19/2005 ORAL ARGUMENT WEBCAST|
|31||03/29/2006 DISPOSITION: AFFIRMED AND MODIFIED|
|32||03/29/2006 SPLIT OPINION: Maring, Mary Muehlen|
|33||03/29/2006 (DISSENT): Sandstrom, Dale V.: DISSENT|
|34||03/29/2006 Costs on appeal taxed in favor of appellee|
|35||04/04/2006 Judgment Mailed to Parties|
|37||05/10/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|38||09/18/2012 EXPUNGED - Nonpermanent record items destroyed|