Smith v. Hall
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| 20050270 |
Alfreda Smith, nka
Alfreda Conklin, Plaintiff and Appellee
v.
Richard Hall, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Bruce A. Romanick |
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Nature of Action: |
Child Support
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| Counsel: |
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| Term: |
12/2005 Argument: 12/01/2005 02:45pm
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| ND cite: |
2005 ND 215
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| NW cite: |
707 N.W.2d 247
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
l) When a foreign order is shown to be void (lack of service), did the district court abuse its discretion in denying Hall's Rule 60 (b) motion to vacate?
2) Should fees be awarded when the Unit enforced a void tribal order?
Appellee's Statement of the Issues:
I.Whether the district court erred when it denied a motion made under N.D.R.Civ.P. 60(b)(iv) and N.D.R.Civ.P. 60(b)(vi) to vacate the proper registration of a foreign judgment?
II. Whether the district court erred when it did not order the child support unit to pay attorney's fees to Hall for its enforcement of a validly registered foreign judgment in accordance with its statutory authority?
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| 1 | | 08/12/2005 | |
NOTICE OF APPEAL: 08/12/2005 |
| 2 | | 09/09/2005 | |
RECORD ON APPEAL (Not rec'd: #36--Court Reporter Notes) |
| 3 | | 09/14/2005 | |
APPELLANT APPENDIX |
| 4 | | 09/15/2005 | |
APPELLANT BRIEF |
| 5 | | 09/15/2005 | |
E-FILED BRIEF (Appellant's Brief) |
| 6 | | 09/15/2005 | |
Payment of $25 fee for filing electronic ATB (Receipt #16296) |
| 7 | | 09/21/2005 | |
Copies of ATB rec'd from Central Duplicating |
| 8 | | 10/13/2005 | |
APPELLEE BRIEF |
| 9 | | 10/14/2005 | |
DISK - aeb |
| 10 | | 12/01/2005 | |
APPEARANCES: Vance Gillette; Marnie R. Soggie |
| 11 | | 12/01/2005 | |
ARGUED: Gillette; Soggie |
| 12 | | 12/01/2005 | |
ORAL ARGUMENT WEBCAST |
| 13 | | 12/20/2005 | |
DISPOSITION: AFFIRMED |
| 14 | | 12/20/2005 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 15 | | 12/20/2005 | |
Costs on appeal taxed in favor of Appellee. |
| 16 | | 12/21/2005 | |
Judgment Mailed to Parties |
| 17 | | 01/03/2006 | |
PETITION FOR REHEARING |
| 18 | | 01/03/2006 | |
E-FILED BRIEF (PER) |
| 19 | | 01/04/2006 | |
Copies made of PER |
| 20 | | 01/31/2006 | |
ACTION BY SUPREME COURT (PER). Denied |
| 21 | | 02/08/2006 | |
MANDATE |
| 22 | | 02/13/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |