Thompson v. Olson
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| 20050091 |
Cory L. Thompson, Plaintiff and Appellant
v.
Nikki L. Olson, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Robert O. Wefald |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
10/2005 Argument: 10/19/2005 09:30am
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| ND cite: |
2006 ND 54
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| NW cite: |
711 N.W.2d 226
Listen to recording of oral argument
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| Issues: |
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 |
| 36 | | 05/03/2006 | |
MANDATE |
| 37 | | 05/10/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 38 | | 09/18/2012 | |
EXPUNGED - Nonpermanent record items destroyed |