Clark v. Clark
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| 20050436 |
Dean Alan Clark, Plaintiff and Appellant
v.
Jean Marie Crandall Clark, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven L. Marquart |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
05/2006 Argument: 05/16/2006 10:45am
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| ND cite: |
2006 ND 182
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| NW cite: |
721 N.W.2d 6
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the trial court abused its discretion in excluding the affidavits and testimony of Dean Clark's expert witnesses.
2. Whether the trial court abused its discretion in excluding the testimony of the children without first assessing their ability to express a preference regarding child custody.
3. Whether the trial court erred in modifying the physical custody provisions of the Judgment and Decree.
4. Whether the trial court erred as a matter of law in calculating Dean Clark's child support obligation and in failing to set forth how it arrived at his income for purposes of setting child support.
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| 1 | | 12/20/2005 | |
NOTICE OF APPEAL: 12/15/2005 |
| 2 | | 12/20/2005 | |
ORDER FOR TRANSCRIPT: 12/15/2005 |
| 3 | | 12/20/2005 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 01/30/2006 | |
RETENTION OF RECORD ON APPEAL by Jerilynn Adams for a hearing in the trial court: 02/13/2006 |
| 5 | | 02/03/2006 | |
TRANSCRIPT DATED September 19, 2005 |
| 6 | | 02/04/2006 | |
TRANSCRIPTS DATED September 20 and September 21, 2005 (2 Vol.) |
| 7 | | 02/06/2006 | |
DISK - TRA 9-19-06 |
| 8 | | 02/06/2006 | |
DISK - TRA 9-20 & 21-06 (e-mailed) |
| 9 | | 03/07/2006 | |
RECORD ON APPEAL (6 vols.), Depositions (2) & Exhibits -- Not rec'd: 5,116,188,189,190,198,275, |
| 10 | | 03/07/2006 | |
& 295 -- tapes) |
| 11 | | 03/10/2006 | |
Request to Return Vol. VI of ROA (faxed letter from Judge Marquart dated 3-10-06) |
| 12 | | 03/10/2006 | |
E-FILED MOTION (req/return/Vol. VI/Record) |
| 13 | | 03/10/2006 | |
ACTION BY CLERK (req/return/Vol. VI/Record). Granted |
| 14 | | 03/10/2006 | |
RETURN OF VOL IV OF ROA TO DIST. CT. |
| 15 | | 03/16/2006 | |
APPELLANT BRIEF |
| 16 | | 03/16/2006 | |
APPELLANT APPENDIX |
| 17 | | 03/30/2006 | |
Corrected TOA & pages 7, 25, 26, 27, & 28 for ATB |
| 18 | | 03/30/2006 | |
DISK - atb |
| 19 | | 03/29/2006 | |
Refiled Volume VI of RECORD ON APPEAL & filed Supplemental Clerk's Certificate dated March 10,2006 |
| 20 | | 03/29/2006 | |
Entries 299-301) & Supplemental Clerk's Certificate dated March 28, 2006 (Entries 302-310) |
| 21 | | 04/17/2006 | |
Clerk's Supp. Cert. of Record on Appeal dated April 13, 2006, with entries 311--316 attached |
| 22 | | 04/18/2006 | |
APPELLEE BRIEF |
| 23 | | 04/18/2006 | |
APPELLEE APPENDIX |
| 24 | | 04/19/2006 | |
DISK - AEB |
| 25 | | 04/20/2006 | |
SITTING WITH THE COURT: Hodny, William F. |
| 26 | | 05/16/2006 | |
APPEARANCES: Jerilynn Brantner Adams; Tracey R. Lindberg |
| 27 | | 05/16/2006 | |
ARGUED: Adams; Lindberg |
| 28 | | 05/16/2006 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 08/21/2006 | |
DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT |
| 30 | | 08/21/2006 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 31 | | 08/21/2006 | |
At the direction of the Court there are no costs taxed in this appeal |
| 32 | | 08/22/2006 | |
Judgment Mailed to Parties |
| 33 | | 09/13/2006 | |
MANDATE |
| 34 | | 09/15/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |