Sisk v. Sisk

20050232 Tammi Sisk, Plaintiff and Appellee
v.
Stewart Sisk, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Bottineau County
Judge Lester Ketterling
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Irvin B. Nodland, PC
Appellee: Boughey Law Firm
Term: 12/2005   Argument: 12/02/2005  1:30pm
ND cite: 2006 ND 55
NW cite: 711 N.W.2d 203

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Is the evidence insufficient to support a finding of deliberate or intentional conduct by Stewart Sisk to deny visitation rights to Tammi Sisk?
2. Is the award of $7,300 in attorney fees and $793.91 costs excessive and not supported by the evidence?
3. Was Stewart denied a fair hearing on what would be in the best interest of the Children?

Appellee's Statement of the Issues:
1. The evidence is sufficient to support a finding of deliberate or intentional conduct by Stewart to deny Tammi her visitation rights
2. The award of attorney fees is supported by the evidence.
3. Stewart was not denied a fair hearing

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Docket entries:
107/15/2005 NOTICE OF APPEAL (fax): 07/15/2005
207/15/2005 MOTION FOR Stay
307/15/2005 Appendix to Appellant's Motion for Stay
407/18/2005 ORDER FOR TRANSCRIPT: 07/15/2005
507/18/2005 MOTION TO DISMISS & BRIEF IN SUPPORT
607/18/2005 TAMMI SISK'S MOTION FOR RULE 11 SANCTIONS
707/18/2005 TAMMI SISK'S RESPONSE TO MOTION FOR STAY & AFFIDAVIT IN SUPPORT
807/18/2005 DISK - Transcript dated February 2, 2005
907/19/2005 ACTION BY SUPREME COURT (Mot. to Dismiss). Denied
1007/19/2005 ACTION BY SUPREME COURT (Mot. Rule 11 Sanctions). Denied
1107/19/2005 ACTION BY SUPREME COURT (Mot. for Stay). Denied
1207/20/2005 TRANSCRIPT DATED February 2, 2005
1307/21/2005 Affidavit of Service of Copies of the transcript
1408/04/2005 Notice of Motion to Withdraw, Ex Parte Motion to Withdraw, Brief in Support & Authorization
1508/04/2005 ACTION BY ACTING CHIEF JUSTICE (Mot/Withdraw). Granted
1608/05/2005 Objection to Withdrawal of Attorney
1708/05/2005 ACTION BY CHIEF JUSTICE (Objection/adhere to previous action). Denied
1808/23/2005 RECORD ON APPEAL (includes exhibits,tras dtd 1-30-03, and 2-2-05)
1908/29/2005 MOT. EXT/TIME APPELLANT BRIEF
2008/29/2005 ACTION BY CLERK (MAT). Granted: 09/12/2005
2108/29/2005 E-FILED MOTION (MAT)
2208/30/2005 Faxed ltr from Mr. Lynn Boughey stating he has no objection to AT extension of time to file Brief.
2309/12/2005 APPELLANT BRIEF
2409/12/2005 APPELLANT APPENDIX
2509/12/2005 DISK - atb
2609/20/2005 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 9-16-05 (Entry Nos. 104-127)
2710/13/2005 MOT. EXT/TIME APPELLEE BRIEF
2810/13/2005 ACTION BY CLERK. Granted: 10/31/2005
2910/13/2005 E-FILED MOTION (MAE by facsimile)
3010/31/2005 APPELLEE BRIEF
3111/01/2005 DISK - AEB
3212/02/2005 APPEARANCES: Irvin B. Nodland; Lynn M. Boughey
3312/02/2005 ARGUED: Nodland; Boughey
3412/02/2005 ORAL ARGUMENT WEBCAST
3503/29/2006 DISPOSITION: AFFIRMED
3603/29/2006 SPLIT OPINION: Maring, Mary Muehlen
3703/29/2006 (DISSENT): Crothers, Daniel John: DISSENT
3803/29/2006 Costs on appeal taxed in favor of appellee
3904/04/2006 Judgment Mailed to Parties
4004/06/2006 PETITION FOR REHEARING
4104/19/2006 ACTION BY SUPREME COURT (PER). Denied
4205/02/2006 MANDATE
4305/12/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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