Ibach v. Zacher
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| 20060129 |
Joseph J. Ibach, Plaintiff and Appellant
v.
Shelly Zacher, Defendant and Appellee
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| Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge Allan L. Schmalenberger |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
10/2006 Argument: 10/26/2006 04:00PM
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| ND cite: |
2006 ND 244
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| NW cite: |
724 N.W.2d 165
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| 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?
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 Add Docket 20060129 RSS
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| 1 | | 05/02/2006 | |
NOTICE OF APPEAL: 05/01/2006 |
| 2 | | 05/02/2006 | |
ORDER FOR TRANSCRIPT: 04/28/2006 |
| 3 | | 05/12/2006 | |
TRANSCRIPT DATED 2-21-06 |
| 4 | | 05/15/2006 | |
DISK (e-mailed) TRA dated 2-21-06 |
| 5 | | 06/01/2006 | |
RECORD ON APPEAL |
| 6 | | 06/21/2006 | |
APPELLANT BRIEF |
| 7 | | 06/21/2006 | |
APPELLANT APPENDIX |
| 8 | | 06/26/2006 | |
DISK - ATB (e-mailed) |
| 9 | | 06/27/2006 | |
Corrected Table of Authorities and page of Appellant's Brief |
| 10 | | 07/20/2006 | |
APPELLEE BRIEF |
| 11 | | 07/20/2006 | |
APPELLEE APPENDIX |
| 12 | | 07/21/2006 | |
DISK - AEB |
| 13 | | 09/20/2006 | |
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 14 | | 10/26/2006 | |
APPEARANCES: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed |
| 15 | | 10/26/2006 | |
ARGUED: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed |
| 16 | | 11/28/2006 | |
DISPOSITION: REVERSED AND REMANDED |
| 17 | | 11/28/2006 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 18 | | 11/28/2006 | |
Concur in the result: Sandstrom, Dale V.: CON/RES |
| 19 | | 11/28/2006 | |
Costs on appeal taxed in favor of appellant |
| 20 | | 11/29/2006 | |
Judgment Mailed to Parties |
| 21 | | 12/27/2006 | |
MANDATE |
| 22 | | 12/29/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |