Holden v. Holden

20060212 Dennis Holden, Plaintiff and Appellant
v.
Linda Holden, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Sonna M. Anderson
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Pro se
Appellee: Sherry Mills Moore
Term: 02/2007   Argument: 02/02/2007  9:30am
ND cite: 2007 ND 29
NW cite: 728 N.W.2d 312

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
(1) The court erred in awarding all real property, including home, land, and commercial business location, to Linda Holden.
(2) The court erred in awarding to Linda Holden the entire Holden to Nedloh, Ltd. loan (Item #314 on the Judgment) in the amount of $62,548.
(3) The court erred in awarding to Linda Holden one half of the funds on deposit with LaRoy Baird (Item #7 on the Judgment). These are Corporate funds.
(4) The court erred in subtracting $1500 from Dennis Holden's column.
(5) The court erred in accepting a non-certified appraiser's input for real property values.
(6) The court erred in awarding "Cowboy Action Adventures" to Dennis Holden. The proper business names are Nedloh, Ltd., Brass Plus and Quickstar. The court awarded Dennis Holden a business that he never owned.
(7) The court erred in ordering corporate funds to be awarded to Linda Holden, which will incur tax liabilities for the businesses of Nedloh, Ltd. and Brass Plus.
(8) The court erred in causing all corporate taxes and debts to remain the liability of Nedloh, Ltd. and Brass Plus, i.e. Dennis Holden.
(9) The court erred in causing Dennis Holden's personal tax documents to become inaccessible.
(10) The court erred in causing Dennis Holden's personal liabilities to become unidentified.
(11) The court erred in causing Dennis Holden's personal assets to be undeclared.
(12) The court erred in causing personal and corporate identity issues to remain unresolved.

Appellee's Statement of the Issues:
If the issues raised by the husband are undecipherable, did the trial court err?
If the husband did not ask for the real property nor present evidence of value of the property, was it error for the trial court to award the property to the wife?
Is it error, as a matter of law, for the trial court to assign values to the property based upon the evidence and then divide that property rather than to require liquidation?

Add Docket 20060212 RSS Add Docket 20060212 RSS

Docket entries:
108/07/2006 NOTICE OF APPEAL: 08/04/2006
208/07/2006 ORDER FOR TRANSCRIPT: 08/04/2006
308/10/2006 Acknowledgment of OTR & request for RETENTION OF RECORD ON APPEAL: 09/23/2006
408/11/2006 TRANSCRIPT DATED JUNE 6, 2005
508/11/2006 DISK - TRA of June 6, 2005
608/28/2006 Notice of Suspension of Preparation of Transcripts dated March 23 and 24, 2006
709/05/2006 Notice of Resuming Preparation of Transcript dated 8-31-06
809/14/2006 TRANSCRIPT Commencing 3-23-06 (2 vols.)
909/14/2006 DISK - tra (3/23/06 & 3/24/06)
1009/18/2006 RECORD ON APPEAL w/Separates #96 (Partial Transcript), #98 (Exhibits), #120 (Transcript);
1109/18/2006 Not included: Nos. 28, 70, & 94 (Court Reporter Notes)
1210/05/2006 Supplemental Clerk's Certificate dated 10-3-06 (Entry Nos. 127-131)
1310/12/2006 MOTION TO WITHDRAW AS COUNSEL, BRIEF IS SUPPORT, Notice of Motion, Affidavit of Alex Reichert, &
1410/12/2006 Affidavit of Mailing and Service by Mail
1510/12/2006 ACTION BY ACTING CHIEF JUSTICE (Mot.to withdraw as counsel). Granted
1610/13/2006 Letter from Penny Miller, with enclosure, to Mr. Holden was returned
1710/18/2006 Corrected Affid/Mailing of Motion/Withdraw to Sherry Mills Moore (corrected Ms. Moore's address)
1810/20/2006 MOT. EXT/TIME APPELLANT BRIEF
1910/20/2006 MOTION to waive N.D.R.Ct. 3.1(b) requiring party's address
2010/20/2006 Affidavit of Filing and Service by U.S. Mail
2110/23/2006 ACTION BY CHIEF JUSTICE (extension to file Appellant's Brief). Granted: 11/24/2006
2210/23/2006 ACTION BY CHIEF JUSTICE (Motion to Waive N.D.R.Ct. 3.1(b)). Denied
2311/13/2006 MOTION TO STAY
2411/15/2006 Letter dated November 14, 2006, from McLean County State's Attorney
2511/15/2006 Letter dated November 15, 2006, from Dennis Holden
2611/16/2006 ACTION BY SUPREME COURT (Motion to Stay). Denied
2711/24/2006 APPELLANT BRIEF
2811/24/2006 APPELLANT APPENDIX
2911/24/2006 DISK - ATB (CD)
3012/06/2006 Affidavit of Filing and Service by U.S. Mail of Brief & Appendix on Ms. Moore dated 11-24-06
3112/22/2006 APPELLEE BRIEF
3212/22/2006 APPELLEE APPENDIX
3312/22/2006 DISK of aeb
3401/02/2007 MOT. EXT/TIME REPLY BRIEF (Entitled "Notice of Motion to Extend")
3501/02/2007 ACTION BY CLERK. Granted: 01/22/2007
3601/22/2007 REPLY BRIEF of Appellant
3701/24/2007 DISK (RYB) (CD)
3802/02/2007 APPEARANCES: Dennis Holden; Sherry Mills Moore, Linda Holden
3902/02/2007 ARGUED: Holden; Moore
4002/02/2007 ORAL ARGUMENT WEBCAST
4102/28/2007 DISPOSITION: AFFIRMED
4202/28/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
4302/28/2007 Costs on appeal taxed in favor of appellee
4403/01/2007 Judgment Mailed to Parties
4503/12/2007 Mot. Ext/Time Petition for Rehearing
4603/12/2007 ACTION BY CHIEF JUSTICE (MPR). Granted: 04/13/2007
4703/20/2007 Corrected Opinion Page
4804/12/2007 PETITION FOR REHEARING
4904/19/2007 MOTION to Amend the Petition & Extend to Allow the Consideration of the Judgment only made
5004/19/2007 available to the plaintiff on April 13, 2007
5104/19/2007 ACTION BY CHIEF JUSTICE. Denied
5205/01/2007 ACTION BY SUPREME COURT (PER). Denied
5305/11/2007 MANDATE
5405/16/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/18/2014