Marquette v. Marquette

20050296 Chad Marquette, Plaintiff and Appellant
v.
Gretchen D. Marquette, Defendant and Appellee

Appeal from: District Court, Northwest Judicial District, Williams County
Judge Gerald H. Rustad
Nature of Action: Child Support
Counsel:
Appellant: Chapman Law Office
Appellee: Legal Services of ND
Term: 04/2006   Argument: 04/11/2006  1:30pm
ND cite: 2006 ND 154
NW cite: 719 N.W.2d 321

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the District Court erred when it concluded that the children are only allowed visitations with Chad when it is supervised by their mother or someone of her choosing.
2. Whether the District Court erred when it valued the marital home, to Chad's detriment, and when it neglected to assign undisputed debt owed to Connie, Chad's mother, to Chad's detriment.
3. Whether Chad is entitled to a remand so that the District Court may determine when Social Security Children's benefits began, and the amount of back pay for children's benefits received by Gretchen, so that the court may order accordingly.

Appellee's Statement of the Issues:
I. Whether the District Court erred when it concluded that the children are only allowed visitations with Chad when it is supervised by their mother or someone of her choosing.
II. Whether the District Court erred when it valued the marital home, to Chad's detriment, and when it neglected to assign undisputed debt owed to Connie, Chad's mother, to Chad's detriment.
III. Whether Chad is entitled to a remand so that the District Court may determine when Social Security Children's benefits began, and the amount of back pay for children's benefits received by Gretchen, so that the court may order accordingly.

Add Docket 20050296 RSS Add Docket 20050296 RSS

Docket entries:
108/30/2005 NOTICE OF APPEAL: 08/26/2005
208/30/2005 ORDER FOR TRANSCRIPT: 08/26/2005
309/19/2005 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 10/15/2005
410/12/2005 MOT. EXT/TIME TRANSCRIPT
510/12/2005 ACTION BY TRIAL COURT (MTR). Granted: 11/25/2005
611/23/2005 TRANSCRIPT DATED 7-19-04; 8-31-04 & 2-2-05 (combined in one vol.)
711/23/2005 DISK - TRA (7-19-04;8-31-04; & 2-2-05)
811/29/2005 RECORD ON APPEAL & Exhibits (Not rec'd: #58-Steno Notes)
912/08/2005 MOT. EXT/TIME APPELLANT BRIEF
1012/08/2005 ACTION BY CLERK (MAT). Granted: 02/01/2006
1101/30/2006 Notice of Appearance of Carrie L. Francis, Legal Services, for Gretchen Marquette
1201/30/2006 APPELLANT BRIEF
1301/30/2006 APPELLANT APPENDIX
1401/31/2006 DISK - ATB
1502/01/2006 Certificate of Service by Mail on January 31, 2006, of the Appellant's Brief and Appendix
1602/03/2006 SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD dated January 30, 2006 (Entries 78 thru 82)
1702/03/2006 not sent were Nos. 78 & 79 (letters)
1802/03/2006 Notice of Appearance Carrie L. Francis has replaced Janet Holter Zander as counsel for Appellee
1903/03/2006 APPELLEE BRIEF
2003/08/2006 Corrected TOA & pages 11, 16, 19, 20, 21, 22, 25, 26, 28, & 29 for AEB
2103/08/2006 DISK - aeb
2204/11/2006 APPEARANCES: Kevin J. Chapman, Chad Marquette; Carrie L. Francis, Aaron C. Vibeto
2304/11/2006 ARGUED: Chapman; Francis
2404/11/2006 ORAL ARGUMENT WEBCAST
2507/18/2006 DISPOSITION (and remanded): AFFIRMED/PT, REVERSED/PT
2607/18/2006 SPLIT OPINION: Maring, Mary Muehlen
2707/18/2006 (Concur in the result): Sandstrom, Dale V.: CON/RES
2807/18/2006 (Concurring in part and Dissenting in part): Crothers, Daniel John: CON/DIS
2907/18/2006 At Court's direction, no costs will be taxed in this appeal
3007/19/2006 Order/Judgment Mailed to Parties
3108/09/2006 MANDATE
3208/11/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014