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: Child Cust & Support (Div.\other)
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:
109/01/2006 NOTICE OF APPEAL: 08/30/2006
209/01/2006 ORDER FOR TRANSCRIPT: 08/30/2006
309/01/2006 Copy of Order Waiving Filing Fee signed by Judge Haskell
409/12/2006 Transcript dated 1-9-06
509/12/2006 DISK - tra dated 1-9-06 & 4-14-05
609/28/2006 RECORD ON APPEAL (with separate transcript dated 4-14-05 and exhibits); not received 32 & 43 (court
709/28/2006 reporter steno notes and tape)
810/18/2006 TRANSCRIPT DATED June 1, 2006
910/19/2006 DISK - tra (6-1-06)(e-mailed)
1010/19/2006 Supplemental Clerk's Certificate dated 10-17-06 (Entry Nos. 63-68)
1110/19/2006 NOTICE OF CROSS APPEAL filed in trial court on 10-16-06
1210/24/2006 MOTION & BRIEF IN SUPPORT OF MOTION FOR A REMAND, W/ATTACHMENTS (response due by 4pm). RspDue: 10/31/2006
1311/03/2006 ACTION BY CHIEF JUSTICE (Motion for Remand). Granted
1411/03/2006 ORDER OF REMAND
1511/03/2006 Order Mailed to Parties
1611/08/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1711/22/2006 RE-FILED RECORD ON APPEAL W/SEPARATES (ENTRY NOS.25&44).NOT INCLUDED-CR NOTES/TAPE(ENTRY NOS.32&43)
1811/22/2006 RESET BRIEFING SCHEDULE AFTER REMAND
1911/22/2006 ACTION BY CLERK (RESET BRIEFING SCHEDULE). Granted: 12/11/2006
2011/22/2006 Motion for Extension of Time to File Brief on behalf of Robisita Wagner
2111/22/2006 No Action Necessary due to resetting of time to file Appellant's Brief after remand
2211/22/2006 E-FILED MOTION for Extension of Time to File Appellant's Brief
2312/08/2006 APPELLANT BRIEF
2412/08/2006 APPELLANT APPENDIX
2512/08/2006 DISK - atb (e-mailed)
2601/08/2007 MOT. EXT/TIME APPELLEE BRIEF (faxed)
2701/08/2007 E-FILED MOTION (Mot/Ext/AEB)
2801/08/2007 ACTION BY CLERK, w/ understanding case will be heard in February. Granted: 01/16/2007
2901/16/2007 APPELLEE BRIEF
3001/16/2007 APPELLEE APPENDIX
3101/16/2007 DISK of AEB (cd)
3201/22/2007 Page 38 for AEA & Certificate of Service
3301/26/2007 Appellant's request to waive argument
3401/26/2007 ACTION BY SUPREME COURT. Denied
3502/21/2007 APPEARANCES: Kent M. Morrow; Gregory I. Runge, Oral Wagner
3602/21/2007 ARGUED: Morrow; Runge
3702/21/2007 ORAL ARGUMENT WEBCAST
3806/26/2007 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
3906/26/2007 UNANIMOUS OPINION: VandeWalle, Gerald W.
4006/26/2007 Costs on appeal taxed in favor of appellant
4106/28/2007 Judgment e-mailed to Parties
4207/19/2007 MANDATE
4307/24/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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