Gietzen v. Gabel
Christopher Gietzen, Plaintiff and Appellant
Jessica Gabel, n/k/a
Jessica Bay, Defendant and Appellee
East Central Judicial District,
Judge John Charles Irby
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||03/2006  Argument: 03/20/2006|
|ND cite:||2006 ND 153|
718 N.W.2d 552
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether a portion of finding of fact 6, specifically the last two sentences, is supported by the evidence.
2. Whether finding of fact 12 is supported by the evidence.
3. Whether finding of fact 13 is supported by the evidence.
4. Whether finding of fact 14 is supported by the evidence.
5. Whether finding of fact 16 is supported by the evidence.
6. Whether finding of fact 19, specifically that portion that makes findings as to ndcc 14-09-06.2 factors b, c, e, f, h, J and k is supported by the evidence.
7. Whether finding of fact 20, which found that it was in justice's best interest that his physical custody be awarded to jessica and that the parties have joint legal custody, is supported by the evidence.
8. Whether conclusion of law 6, which orders that Jessica will have the sole physical custody of justice, is supported by the findings of fact.
9. Whether the court erred as a matter of law in not considering the evidence of domestic violence as required by 14-09-06.2 (1) (j), NDCC.
Appellee's Statement of the Issues:
Is the Trial Court's Award of Custody to Jessica Supported by the Facts and the Law?
A. Standard of Review
B. Is Finding of Fact #6 clearly erroneous?
C. Is Finding of Fact #12 clearly erroneous?
D. Is Finding of Fact #13 clearly erroneous?
E. Is Finding of Fact #14 clearly erroneous?
F. Is Finding of Fact #16 clearly erroneous?
G. Is Finding of Fact #19 clearly erroneous?
1. Is The trial court's finding in reference to factor b clearly erroneous?
2. Is the trial court's conclusion in reference to factor c clearly erroneous?
3. Is the trial court's finding in reference to factor e clearly erroneous?
4. Is the trial court's finding in reference to factor f clearly erroneous?
5. Is the trial court's finding in reference to factor h clearly erroneous?
6. Is the trial court's finding in reference to factor j clearly erroneous?
7. Is the trial court's finding in reference to factor k clearly erroneous?
H. Is Finding of Fact #20 clearly erroneous?
I. Is Conclusion of Law #6 supported by the Findings of Fact?
J. Did the trial court address the issue concerning evidence of domestic violence?
|Add Docket 20050268 RSS|
|1||08/09/2005 NOTICE OF APPEAL: 08/08/2005|
|2||08/17/2005 ORDER FOR TRANSCRIPT: 08/15/2005|
|3||08/29/2005 Notice from Roger Mjones of suspension of preparation of transcript for failure to pay|
|4||08/29/2005 Suspension of preparation of transcript|
|5||09/01/2005 Copy of ltr to Mr. Mjones from Mr. Keogh RE: payment for transcript|
|6||09/02/2005 E-mail from Mr. Mjones RE: receipt of payment for transcript|
|7||09/06/2005 Copy of letter to Sandie Ehrmantraut regarding preparation of transcript|
|8||09/14/2005 Transcript dated 2-28-05|
|9||09/15/2005 DISK of tra dtd 2-28-05|
|10||09/23/2005 RETENTION OF RECORD ON APPEAL (Sandie Ehrmantraut): 10/04/2005|
|11||10/03/2005 MOT. EXT/TIME TRANSCRIPT (Sandra Ehrmantraut)|
|12||10/06/2005 ACTION BY CLERK. Granted: 10/18/2005|
|13||10/13/2005 TRANSCRIPT COMMENCING JANUARY 25, 2005 (2 VOLUMES)|
|14||10/14/2005 DISK -- transcript commencing January 25, 2005|
|15||10/19/2005 RECORD ON APPEAL (2 vols.), Exhibits, & Transcripts (3) (Not Rec'd: 22&59--tapes and|
|16||10/19/2005 53,89,113, &114--steno notes)|
|17||11/17/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed)|
|18||11/17/2005 ACTION BY CHIEF JUSTICE. Granted: 12/30/2005|
|19||11/17/2005 E-FILED MOTION (mat)|
|20||12/29/2005 APPELLANT BRIEF|
|21||12/29/2005 APPELLANT APPENDIX|
|22||12/29/2005 DISK - ATB (e-mailed)|
|23||01/26/2006 APPELLEE BRIEF|
|24||01/26/2006 E-FILED BRIEF - AEB in .pdf|
|25||01/26/2006 APPELLEE APPENDIX|
|26||01/26/2006 E-FILED Appellee's APPENDIX|
|27||01/30/2006 Received $25 surcharge for AEB - receipt #16742|
|28||02/01/2006 Copies of AEB & AEA rec'd from Central Duplicating.|
|29||02/06/2006 MOT. EXT/TIME REPLY BRIEF|
|30||02/06/2006 E-FILED MOTION (emailed request)|
|31||02/07/2006 ACTION BY CLERK (MRY). Granted: 02/17/2006|
|32||02/17/2006 MOT. EXT/TIME REPLY BRIEF (e-mail from Bob Keogh)(E-MAILED)|
|33||02/17/2006 E-FILED MOTION (E-FILED Req/ext/ryb)|
|34||02/17/2006 ACTION BY CLERK. Granted: 02/24/2006|
|35||02/21/2006 REPLY BRIEF|
|36||02/21/2006 E-FILED BRIEF - RYB|
|37||02/28/2006 Copies of RYB made|
|38||03/20/2006 APPEARANCES: Robert A. Keogh; Robert J. Schultz|
|39||03/20/2006 ARGUED: Keogh; Schultz|
|40||03/20/2006 ORAL ARGUMENT WEBCAST|
|41||07/18/2006 DISPOSITION: REVERSED AND REMANDED|
|42||07/18/2006 SPLIT OPINION: Kapsner, Carol Ronning|
|43||07/18/2006 (DISSENT): Maring, Mary Muehlen: DISSENT|
|44||07/18/2006 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR|
|45||07/18/2006 (JOIN CONCUR SPECIALLY): Crothers, Daniel John: JN/CON|
|46||07/18/2006 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT|
|47||07/19/2006 Order/Judgment Mailed to Parties|
|48||07/26/2006 Supplemental Clerk's Certificate - Entry Nos. 137 - 139|
|50||08/15/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|51||01/06/2016 EXPUNGED - Nonpermanent record items destroyed|