Gietzen v. Gabel

20050268 Christopher Gietzen, Plaintiff and Appellant
v.
Jessica Gabel, n/k/a
Jessica Bay, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge John Charles Irby
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Keogh Law Office
Appellee: Conmy Feste, Ltd.
Term: 03/2006   Argument: 03/20/2006  10:45am
ND cite: 2006 ND 153
NW cite: 718 N.W.2d 552

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Issues: 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?

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Docket entries:
108/09/2005 NOTICE OF APPEAL: 08/08/2005
208/17/2005 ORDER FOR TRANSCRIPT: 08/15/2005
308/29/2005 Notice from Roger Mjones of suspension of preparation of transcript for failure to pay
408/29/2005 Suspension of preparation of transcript
509/01/2005 Copy of ltr to Mr. Mjones from Mr. Keogh RE: payment for transcript
609/02/2005 E-mail from Mr. Mjones RE: receipt of payment for transcript
709/06/2005 Copy of letter to Sandie Ehrmantraut regarding preparation of transcript
809/14/2005 Transcript dated 2-28-05
909/15/2005 DISK of tra dtd 2-28-05
1009/23/2005 RETENTION OF RECORD ON APPEAL (Sandie Ehrmantraut): 10/04/2005
1110/03/2005 MOT. EXT/TIME TRANSCRIPT (Sandra Ehrmantraut)
1210/06/2005 ACTION BY CLERK. Granted: 10/18/2005
1310/13/2005 TRANSCRIPT COMMENCING JANUARY 25, 2005 (2 VOLUMES)
1410/14/2005 DISK -- transcript commencing January 25, 2005
1510/19/2005 RECORD ON APPEAL (2 vols.), Exhibits, & Transcripts (3) (Not Rec'd: 22&59--tapes and
1610/19/2005 53,89,113, &114--steno notes)
1711/17/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed)
1811/17/2005 ACTION BY CHIEF JUSTICE. Granted: 12/30/2005
1911/17/2005 E-FILED MOTION (mat)
2012/29/2005 APPELLANT BRIEF
2112/29/2005 APPELLANT APPENDIX
2212/29/2005 DISK - ATB (e-mailed)
2301/26/2006 APPELLEE BRIEF
2401/26/2006 E-FILED BRIEF - AEB in .pdf
2501/26/2006 APPELLEE APPENDIX
2601/26/2006 E-FILED Appellee's APPENDIX
2701/30/2006 Received $25 surcharge for AEB - receipt #16742
2802/01/2006 Copies of AEB & AEA rec'd from Central Duplicating.
2902/06/2006 MOT. EXT/TIME REPLY BRIEF
3002/06/2006 E-FILED MOTION (emailed request)
3102/07/2006 ACTION BY CLERK (MRY). Granted: 02/17/2006
3202/17/2006 MOT. EXT/TIME REPLY BRIEF (e-mail from Bob Keogh)(E-MAILED)
3302/17/2006 E-FILED MOTION (E-FILED Req/ext/ryb)
3402/17/2006 ACTION BY CLERK. Granted: 02/24/2006
3502/21/2006 REPLY BRIEF
3602/21/2006 E-FILED BRIEF - RYB
3702/28/2006 Copies of RYB made
3803/20/2006 APPEARANCES: Robert A. Keogh; Robert J. Schultz
3903/20/2006 ARGUED: Keogh; Schultz
4003/20/2006 ORAL ARGUMENT WEBCAST
4107/18/2006 DISPOSITION: REVERSED AND REMANDED
4207/18/2006 SPLIT OPINION: Kapsner, Carol Ronning
4307/18/2006 (DISSENT): Maring, Mary Muehlen: DISSENT
4407/18/2006 (CONCURRING SPECIALLY): VandeWalle, Gerald W.: CONCUR
4507/18/2006 (JOIN CONCUR SPECIALLY): Crothers, Daniel John: JN/CON
4607/18/2006 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
4707/19/2006 Order/Judgment Mailed to Parties
4807/26/2006 Supplemental Clerk's Certificate - Entry Nos. 137 - 139
4908/09/2006 MANDATE
5008/15/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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