Holden v. Holden
Dennis Holden, Plaintiff and Appellant
Linda Holden, Defendant and Appellee
South Central Judicial District,
Judge Sonna M. Anderson
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||02/2007  Argument: 02/02/2007|
|ND cite:||2007 ND 29|
728 N.W.2d 312
Listen to recording of oral argument in MP3 format
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?
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|1||08/07/2006 NOTICE OF APPEAL: 08/04/2006|
|2||08/07/2006 ORDER FOR TRANSCRIPT: 08/04/2006|
|3||08/10/2006 Acknowledgment of OTR & request for RETENTION OF RECORD ON APPEAL: 09/23/2006|
|4||08/11/2006 TRANSCRIPT DATED JUNE 6, 2005|
|5||08/11/2006 DISK - TRA of June 6, 2005|
|6||08/28/2006 Notice of Suspension of Preparation of Transcripts dated March 23 and 24, 2006|
|7||09/05/2006 Notice of Resuming Preparation of Transcript dated 8-31-06|
|8||09/14/2006 TRANSCRIPT Commencing 3-23-06 (2 vols.)|
|9||09/14/2006 DISK - tra (3/23/06 & 3/24/06)|
|10||09/18/2006 RECORD ON APPEAL w/Separates #96 (Partial Transcript), #98 (Exhibits), #120 (Transcript);|
|11||09/18/2006 Not included: Nos. 28, 70, & 94 (Court Reporter Notes)|
|12||10/05/2006 Supplemental Clerk's Certificate dated 10-3-06 (Entry Nos. 127-131)|
|13||10/12/2006 MOTION TO WITHDRAW AS COUNSEL, BRIEF IS SUPPORT, Notice of Motion, Affidavit of Alex Reichert, &|
|14||10/12/2006 Affidavit of Mailing and Service by Mail|
|15||10/12/2006 ACTION BY ACTING CHIEF JUSTICE (Mot.to withdraw as counsel). Granted|
|16||10/13/2006 Letter from Penny Miller, with enclosure, to Mr. Holden was returned|
|17||10/18/2006 Corrected Affid/Mailing of Motion/Withdraw to Sherry Mills Moore (corrected Ms. Moore's address)|
|18||10/20/2006 MOT. EXT/TIME APPELLANT BRIEF|
|19||10/20/2006 MOTION to waive N.D.R.Ct. 3.1(b) requiring party's address|
|20||10/20/2006 Affidavit of Filing and Service by U.S. Mail|
|21||10/23/2006 ACTION BY CHIEF JUSTICE (extension to file Appellant's Brief). Granted: 11/24/2006|
|22||10/23/2006 ACTION BY CHIEF JUSTICE (Motion to Waive N.D.R.Ct. 3.1(b)). Denied|
|23||11/13/2006 MOTION TO STAY|
|24||11/15/2006 Letter dated November 14, 2006, from McLean County State's Attorney|
|25||11/15/2006 Letter dated November 15, 2006, from Dennis Holden|
|26||11/16/2006 ACTION BY SUPREME COURT (Motion to Stay). Denied|
|27||11/24/2006 APPELLANT BRIEF|
|28||11/24/2006 APPELLANT APPENDIX|
|29||11/24/2006 DISK - ATB (CD)|
|30||12/06/2006 Affidavit of Filing and Service by U.S. Mail of Brief & Appendix on Ms. Moore dated 11-24-06|
|31||12/22/2006 APPELLEE BRIEF|
|32||12/22/2006 APPELLEE APPENDIX|
|33||12/22/2006 DISK of aeb|
|34||01/02/2007 MOT. EXT/TIME REPLY BRIEF (Entitled "Notice of Motion to Extend")|
|35||01/02/2007 ACTION BY CLERK. Granted: 01/22/2007|
|36||01/22/2007 REPLY BRIEF of Appellant|
|37||01/24/2007 DISK (RYB) (CD)|
|38||02/02/2007 APPEARANCES: Dennis Holden; Sherry Mills Moore, Linda Holden|
|39||02/02/2007 ARGUED: Holden; Moore|
|40||02/02/2007 ORAL ARGUMENT WEBCAST|
|41||02/28/2007 DISPOSITION: AFFIRMED|
|42||02/28/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|43||02/28/2007 Costs on appeal taxed in favor of appellee|
|44||03/01/2007 Judgment Mailed to Parties|
|45||03/12/2007 Mot. Ext/Time Petition for Rehearing|
|46||03/12/2007 ACTION BY CHIEF JUSTICE (MPR). Granted: 04/13/2007|
|47||03/20/2007 Corrected Opinion Page|
|48||04/12/2007 PETITION FOR REHEARING|
|49||04/19/2007 MOTION to Amend the Petition & Extend to Allow the Consideration of the Judgment only made|
|50||04/19/2007 available to the plaintiff on April 13, 2007|
|51||04/19/2007 ACTION BY CHIEF JUSTICE. Denied|
|52||05/01/2007 ACTION BY SUPREME COURT (PER). Denied|
|54||05/16/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|55||10/20/2016 EXPUNGED - Nonpermanent record items destroyed|