Wagner v. Wagner

20060124 James Steven Wagner, Plaintiff, Appellee
and Cross-Appellant
v.
Marilee Gay Wagner, Defendant, Appellant
and Cross-Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge John Charles Irby
Nature of Action: Divorce
Counsel:
Appellant: Wold Johnson, P.C.
Appellee: Serkland Law Firm
Term: 11/2006   Argument: 11/30/2006  1:30pm
ND cite: 2007 ND 33
NW cite: 728 N.W.2d 318

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A. Is the Court's determination that Appellant receive spousal support of five thousand dollars a month for a period of five years clearly erroneous? Reply Brief Issues
A. Is the Court's determination that Appellant receive spousal support of $5,000 a month for a period of five years clearly erroneous?

Appellee's Statement of the Issues:
A. Was the trial court's award of rehabilitative spousal support acceptable in light of a very favorable division of property and an amount of spousal support which exceeded the recipient's needs?
B. Should the trial court have awarded an unequal division of property which favored the spouse who wasted marital assets?
C. Is it proper for a trial court to award combined child support and spousal support which equals 85% of the obligor's net income?

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Docket entries:
104/26/2006 NOTICE OF APPEAL: 04/25/2006
204/26/2006 ORDER FOR TRANSCRIPT: 04/25/2006
304/26/2006 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
405/03/2006 NOTICE OF CROSS APPEAL (filed in trial court on 5-2-06)
506/08/2006 MOT. EXT/TIME TRANSCRIPT (Roger Mjones)
606/08/2006 ACTION BY TRIAL COURT (Judge Irby). Granted: 07/24/2006
707/18/2006 TRANSCRIPTS DATED 1/9/06; 1/10/06; & 1/13/06 (3 vols.)
807/19/2006 DISKS (3) (TRA) (1/9/06; 1/10/06; & 1/13/06)
907/19/2006 RECORD ON APPEAL (2 vols) (Not rec'd: #20,33,34,59, & 87 -- Tapes)
1008/28/2006 APPELLANT BRIEF
1108/28/2006 APPELLANT APPENDIX
1208/29/2006 DISK - atb
1309/05/2006 Copies of Notice of Cross-Appeal for ATA
1409/25/2006 CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL (ENTRIES 92 & 93)
1509/28/2006 APPELLEE BRIEF (pdf)
1609/28/2006 E-FILED BRIEF
1709/29/2006 Rec'd surcharge for AEB
1809/29/2006 7 cc made of AEB
1910/12/2006 REPLY BRIEF
2010/16/2006 DISK of RYB
2110/24/2006 SITTING WITH THE COURT: Graff, Benny A.
2211/30/2006 APPEARANCES: James R. Brothers; Maureen Holman
2311/30/2006 ARGUED: Brothers; Holman
2411/30/2006 ORAL ARGUMENT WEBCAST
2503/02/2007 DISPOSITION: AFFIRMED
2603/02/2007 SPLIT OPINION: Crothers, Daniel John
2703/02/2007 (DISSENT): Maring, Mary Muehlen: DISSENT
2803/02/2007 (JOIN DISSENT): Graff, Benny A.: JN/DIS
2903/02/2007 Costs on appeal taxed in favor of appellee
3003/02/2007 Judgment Mailed to Parties
3103/27/2007 MANDATE
3203/30/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/22/2014