Ibach v. Zacher

20060129 Joseph J. Ibach, Plaintiff and Appellant
v.
Shelly Zacher, Defendant and Appellee

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Allan L. Schmalenberger
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Melbye Law Office
Appellee: Hardy, Maus & Nordsven, P.C.
Term: 10/2006   Argument: 10/26/2006  Waived
ND cite: 2006 ND 244
NW cite: 724 N.W.2d 165


Issues: Appellant's Statement of the Issues:
I. Whether a plaintiff's right to due process of law is denied when the trial court proceeds directly to arguments without hearing the parties' testimony at an evidentiary hearing on a motion to amend judgment.
II. Whether the trial court erred, as a matter of law, in finding that a significant change of circumstances has not occurred since the prior visitation order.

Appellee's Statement of the Issues:
I. Whether the trial court denied the Plaintiff's right to due process of law when it refused to allow the Plaintiff to testify on his own behalf when the Notice of Hearing stated the evidence was to be presented by affidavit?
II.Whether the trial court erred as a matter of law in refusing to require the Defendant to assist in the transportation of the minor child for visitation purposes?

Add Docket 20060129 RSS Add Docket 20060129 RSS

Docket entries:
105/02/2006 NOTICE OF APPEAL: 05/01/2006
205/02/2006 ORDER FOR TRANSCRIPT: 04/28/2006
305/12/2006 TRANSCRIPT DATED 2-21-06
405/15/2006 DISK (e-mailed) TRA dated 2-21-06
506/01/2006 RECORD ON APPEAL
606/21/2006 APPELLANT BRIEF
706/21/2006 APPELLANT APPENDIX
806/26/2006 DISK - ATB (e-mailed)
906/27/2006 Corrected Table of Authorities and page of Appellant's Brief
1007/20/2006 APPELLEE BRIEF
1107/20/2006 APPELLEE APPENDIX
1207/21/2006 DISK - AEB
1309/20/2006 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
1410/26/2006 APPEARANCES: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed
1510/26/2006 ARGUED: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed
1611/28/2006 DISPOSITION: REVERSED AND REMANDED
1711/28/2006 UNANIMOUS OPINION: Crothers, Daniel John
1811/28/2006 Concur in the result: Sandstrom, Dale V.: CON/RES
1911/28/2006 Costs on appeal taxed in favor of appellant
2011/29/2006 Judgment Mailed to Parties
2112/27/2006 MANDATE
2212/29/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014