Kramer v. Kramer

20050222 Cheryl Rae Kramer, Plaintiff and Appellee
v.
Kenneth Leroy Kramer, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Dickey County
Judge Mikal Simonson
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Tracey R. Lindberg Law Firm
Appellee: Johnson Law Office, Ltd.
Term: 12/2005   Argument: 12/01/2005  1:30pm
ND cite: 2006 ND 64
NW cite: 711 N.W.2d 164

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A. Whether the trial court's failure to review the parties' legal separation agreement/property settlement agreement for unconscionability was an abuse of discretion.
B. Whether the trial court erred in enforcing the agreement, when it was executed in contemplation of reconciliation, the parties failed to follow it, and when admitted facts demonstrate a change in the parties' circumstances.
C. Whether the trial court erred in issuing a protective order, which limited the evidence available to appellant to present in support of his request that the agreement should not be enforced.

Appellee's Statement of the Issues:
A. The trial court's determination that the parties legal separation agreement/property settlement agreement was fair, equitable and not unconscionable was not an abuse of discretion.
B. The reconciliation provisions of the agreement were consistent with those of the Peterson case and no change in the parties' circumstances existed at the time of the divorce.
C. The trial court did not error in issuing a protective order.

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Docket entries:
107/01/2005 NOTICE OF APPEAL: 06/29/2005
207/01/2005 ORDER FOR TRANSCRIPT: 06/29/2005
307/27/2005 RECORD ON APPEAL with separate 45(exhibits)
407/29/2005 SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD DATED JULY 28, 2005 (Entries 69 thru 74)
508/01/2005 TRANSCRIPT DATED February 16, 2005
608/02/2005 DISK - TRA (e-mailed)
708/10/2005 Supplemental Clerk's Certificate dated 8/9/05 (Entry Nos. 75-80)
808/12/2005 Supplemental Clerk's Certificate dated 8-11-05 (Entry Nos. 81-85)
908/18/2005 Supplemental Clerk's Certificate dated 8/17/05 (Entry No. 86)
1009/12/2005 APPELLANT BRIEF
1109/12/2005 APPELLANT APPENDIX
1209/13/2005 DISK - ATB
1310/11/2005 APPELLEE BRIEF
1410/12/2005 DISK - AEB
1510/12/2005 Affidavit of Service of Appellee's Brief by mail on October 11, 2005
1610/12/2005 APPELLEE'S MOTION FOR DISMISSAL WITH ATTACHED BRIEF AND EXHIBITS. RspDue: 10/24/2005
1710/17/2005 Copies of Appellee's Motion for Dismissal with Attached Brief
1810/20/2005 BRIEF IN OPPOSITION TO MOTION TO DISMISS & AFFIDAVIT OF TRACEY LINDBERG
1910/20/2005 Request for $700 in attorney's fees (part of Brief in Opposition to Mot/Dismiss)
2010/24/2005 REPLY BRIEF
2110/25/2005 DISK (e-mailed) RYB
2210/26/2005 ACTION BY SUPREME COURT (Motion to Dismiss). Denied
2310/26/2005 ACTION BY SUPREME COURT (Request/atty. fees). Granted
2411/14/2005 Clerk's Supp. Cert. of Record on Appeal with entries 87 through 103 attached
2511/16/2005 Clerk's Supp. Cert. of Record on Appeal dated November 15, 2005, with entries 104-106 attached
2612/01/2005 APPEARANCES: Tracey R. Lindberg and Kenneth Leroy Kramer; Samuel S. Johnson
2712/01/2005 ARGUED: Lindberg; Johnson
2812/01/2005 ORAL ARGUMENT WEBCAST
2901/26/2006 Supplemental Clerk's Certificate dated 1-23-06 (Entry Nos. 107-109)
3003/29/2006 DISPOSITION: AFFIRMED
3103/29/2006 UNANIMOUS OPINION: Sandstrom, Dale V.
3203/29/2006 Costs on appeal taxed in favor of AE Cheryl Rae Kramer
3304/04/2006 Judgment Mailed to Parties
3405/05/2006 MANDATE
3505/12/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/29/2014