Wagner v. Wagner

20060228

Robisita Wagner, Plaintiff, Appellant
and Cross-Appellee
v.
Oral Wagner, Defendant, Appellee
and Cross-Appellant

Appeal from:

District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell

Nature of Action:

Counsel:

Appellant:		Severin, Ringsak & Morrow
Appellee:		Gregory Ian Runge

Term:

02/2007 Argument: 02/21/2007 9:30am

ND cite:

2007 ND 101

NW cite:

733 N.W.2d 593

Listen to recording of oral argument in MP3 format

Issues:

Appellant's Statement of the Issues:
1. Did the trial court commit reversible error when it made an inequitable division of the debts and assets of the parties?
2. Did the trial court commit reversible error in its failure to award attorney fees to Robisita?
3. Did the trial court commit reversible error in its limited award of spousal support to Robisita?

Appellee's Statement of the Issues:
1. The Trial Court did not Err in Dividing the Parties' Assets and Debts.
2. The Trial Court did not Abuse its Discretion in Denying Attorneys Fees.
3. The Trial Court did not Err in Limiting Spousal Support.
4. The Trial Court Erred in Denying Proper Corrections in the Child Support Obligation.

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Docket entries:

1	09/01/2006	NOTICE OF APPEAL: 08/30/2006
2	09/01/2006	ORDER FOR TRANSCRIPT: 08/30/2006
3	09/01/2006	Copy of Order Waiving Filing Fee signed by Judge Haskell
4	09/12/2006	Transcript dated 1-9-06
5	09/12/2006	DISK - tra dated 1-9-06 & 4-14-05
6	09/28/2006	RECORD ON APPEAL (with separate transcript dated 4-14-05 and exhibits); not received 32 & 43 (court
7	09/28/2006	reporter steno notes and tape)
8	10/18/2006	TRANSCRIPT DATED June 1, 2006
9	10/19/2006	DISK - tra (6-1-06)(e-mailed)
10	10/19/2006	Supplemental Clerk's Certificate dated 10-17-06 (Entry Nos. 63-68)
11	10/19/2006	NOTICE OF CROSS APPEAL filed in trial court on 10-16-06
12	10/24/2006	MOTION & BRIEF IN SUPPORT OF MOTION FOR A REMAND, W/ATTACHMENTS (response due by 4pm). RspDue: 10/31/2006
13	11/03/2006	ACTION BY CHIEF JUSTICE (Motion for Remand). Granted
14	11/03/2006	ORDER OF REMAND
15	11/03/2006	Order Mailed to Parties
16	11/08/2006	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
17	11/22/2006	RE-FILED RECORD ON APPEAL W/SEPARATES (ENTRY NOS.25&44).NOT INCLUDED-CR NOTES/TAPE(ENTRY NOS.32&43)
18	11/22/2006	RESET BRIEFING SCHEDULE AFTER REMAND
19	11/22/2006	ACTION BY CLERK (RESET BRIEFING SCHEDULE). Granted: 12/11/2006
20	11/22/2006	Motion for Extension of Time to File Brief on behalf of Robisita Wagner
21	11/22/2006	No Action Necessary due to resetting of time to file Appellant's Brief after remand
22	11/22/2006	E-FILED MOTION for Extension of Time to File Appellant's Brief
23	12/08/2006	APPELLANT BRIEF
24	12/08/2006	APPELLANT APPENDIX
25	12/08/2006	DISK - atb (e-mailed)
26	01/08/2007	MOT. EXT/TIME APPELLEE BRIEF (faxed)
27	01/08/2007	E-FILED MOTION (Mot/Ext/AEB)
28	01/08/2007	ACTION BY CLERK, w/ understanding case will be heard in February. Granted: 01/16/2007
29	01/16/2007	APPELLEE BRIEF
30	01/16/2007	APPELLEE APPENDIX
31	01/16/2007	DISK of AEB (cd)
32	01/22/2007	Page 38 for AEA & Certificate of Service
33	01/26/2007	Appellant's request to waive argument
34	01/26/2007	ACTION BY SUPREME COURT. Denied
35	02/21/2007	APPEARANCES: Kent M. Morrow; Gregory I. Runge, Oral Wagner
36	02/21/2007	ARGUED: Morrow; Runge
37	02/21/2007	ORAL ARGUMENT WEBCAST
38	06/26/2007	DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
39	06/26/2007	UNANIMOUS OPINION: VandeWalle, Gerald W.
40	06/26/2007	Costs on appeal taxed in favor of appellant
41	06/28/2007	Judgment e-mailed to Parties
42	07/19/2007	MANDATE
43	07/24/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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