Kramer v. Kramer
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| 20050222 |
Cheryl Rae Kramer, Plaintiff and Appellee
v.
Kenneth Leroy Kramer, Defendant and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Dickey County
Judge Mikal Simonson |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
12/2005 Argument: 12/01/2005 01:30pm
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| ND cite: |
2006 ND 64
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| NW cite: |
711 N.W.2d 164
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| 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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| 1 | | 07/01/2005 | |
NOTICE OF APPEAL: 06/29/2005 |
| 2 | | 07/01/2005 | |
ORDER FOR TRANSCRIPT: 06/29/2005 |
| 3 | | 07/27/2005 | |
RECORD ON APPEAL with separate 45(exhibits) |
| 4 | | 07/29/2005 | |
SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD DATED JULY 28, 2005 (Entries 69 thru 74) |
| 5 | | 08/01/2005 | |
TRANSCRIPT DATED February 16, 2005 |
| 6 | | 08/02/2005 | |
DISK - TRA (e-mailed) |
| 7 | | 08/10/2005 | |
Supplemental Clerk's Certificate dated 8/9/05 (Entry Nos. 75-80) |
| 8 | | 08/12/2005 | |
Supplemental Clerk's Certificate dated 8-11-05 (Entry Nos. 81-85) |
| 9 | | 08/18/2005 | |
Supplemental Clerk's Certificate dated 8/17/05 (Entry No. 86) |
| 10 | | 09/12/2005 | |
APPELLANT BRIEF |
| 11 | | 09/12/2005 | |
APPELLANT APPENDIX |
| 12 | | 09/13/2005 | |
DISK - ATB |
| 13 | | 10/11/2005 | |
APPELLEE BRIEF |
| 14 | | 10/12/2005 | |
DISK - AEB |
| 15 | | 10/12/2005 | |
Affidavit of Service of Appellee's Brief by mail on October 11, 2005 |
| 16 | | 10/12/2005 | |
APPELLEE'S MOTION FOR DISMISSAL WITH ATTACHED BRIEF AND EXHIBITS. RspDue: 10/24/2005 |
| 17 | | 10/17/2005 | |
Copies of Appellee's Motion for Dismissal with Attached Brief |
| 18 | | 10/20/2005 | |
BRIEF IN OPPOSITION TO MOTION TO DISMISS & AFFIDAVIT OF TRACEY LINDBERG |
| 19 | | 10/20/2005 | |
Request for $700 in attorney's fees (part of Brief in Opposition to Mot/Dismiss) |
| 20 | | 10/24/2005 | |
REPLY BRIEF |
| 21 | | 10/25/2005 | |
DISK (e-mailed) RYB |
| 22 | | 10/26/2005 | |
ACTION BY SUPREME COURT (Motion to Dismiss). Denied |
| 23 | | 10/26/2005 | |
ACTION BY SUPREME COURT (Request/atty. fees). Granted |
| 24 | | 11/14/2005 | |
Clerk's Supp. Cert. of Record on Appeal with entries 87 through 103 attached |
| 25 | | 11/16/2005 | |
Clerk's Supp. Cert. of Record on Appeal dated November 15, 2005, with entries 104-106 attached |
| 26 | | 12/01/2005 | |
APPEARANCES: Tracey R. Lindberg and Kenneth Leroy Kramer; Samuel S. Johnson |
| 27 | | 12/01/2005 | |
ARGUED: Lindberg; Johnson |
| 28 | | 12/01/2005 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 01/26/2006 | |
Supplemental Clerk's Certificate dated 1-23-06 (Entry Nos. 107-109) |
| 30 | | 03/29/2006 | |
DISPOSITION: AFFIRMED |
| 31 | | 03/29/2006 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 32 | | 03/29/2006 | |
Costs on appeal taxed in favor of AE Cheryl Rae Kramer |
| 33 | | 04/04/2006 | |
Judgment Mailed to Parties |
| 34 | | 05/05/2006 | |
MANDATE |
| 35 | | 05/12/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |