Dietz v. Dietz

20060229 Ryan G. Dietz, Plaintiff and Appellant
v.
Sarah M. Dietz, nka
Sarah M. Wilkins, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Fleck Law Office
Appellee: Kelsch, Kelsch, Ruff & Kranda
Term: 12/2006   Argument: 12/19/2006  9:30am
ND cite: 2007 ND 84
NW cite: 733 N.W.2d 225

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the district court erred in denying Dietz's an opportunity to submit a brief in reply to the brief and affidavits Wilkins submitted in answer to Dietz's motion?
2. Whether the district court erred in denying an evidentiary hearing on Dietz's motion for change of custody?
3. Whether the district court erred in summarily denying Dietz's motion for an interim order?
4. Whether the district court erred in summarily denying Dietz's motion for contempt?
5. Whether the district court erred in summarily denying Dietz's motion for psychological examination of children, child custody investigator and costs?
6. Whether Dietz is entitled, on remand, to the district court awarding him the attorney fees he incurs in this appeal?
7. Whether this Court should exercise its supervisory powers to reassign the case upon remand to a different trial court judge on the grounds the judge who denied Dietz's motion has pre-judged important and disputed issues in the case to such an extent that the judge's ability to be impartial may be reasonably questioned?

Appellee's Statement of the Issues:
I. Whether the district court erred in denying Dietz's an opportunity to submit a reply brief?
II. Whether the district court erred in denying an evidentiary hearing on Dietz's motion for change of custody?
III. Whether the district court erred in denying Dietz's motion for an interim order?
IV. Whether the district court erred in denying Dietz's motion for contempt?
V. Whether the district court erred in denying Dietz's motion for psychological examination of children, child custody investigator and costs?
VI. Whether Dietz is entitled, on remand, to the district court awarding him the attorney fees he incurs in this appeal?
VIII. Whether this Court should exercise its supervisory powers to reassign the case upon remand to a different trial court judge?

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Docket entries:
109/01/2006 NOTICE OF APPEAL: 08/31/2006
209/28/2006 RECORD ON APPEAL-2 Volumes, w/Separates-Entry Nos. 149 & 150, Not Rec'd Entry Nos. 41, 67 & 68.
310/06/2006 MOT. EXT/TIME APPELLANT BRIEF
410/06/2006 E-FILED MOTION - MAT
510/09/2006 ACTION BY CLERK (MAT). Granted: 10/24/2006
610/09/2006 Clerk's Supplemental Certificate dated 10/06/2006 (Entry Nos. 160-163)
710/24/2006 APPELLANT BRIEF (e-filed)
810/24/2006 E-FILED BRIEF (ATB)
910/25/2006 Received $93.50 surcharge for ATB & ATA (Receipt #17156)
1010/26/2006 Copies of ATB made
1110/25/2006 APPELLANT APPENDIX (e-filed)
1210/24/2006 E-FILED APPENDIX (CD-ROM)
1310/30/2006 Copies of ATA received from Central Duplicating
1411/16/2006 MOT. EXT/TIME APPELLEE BRIEF & Brief/Support
1511/16/2006 ACTION BY CLERK (MAE) (due no later than 9 a.m. on 11-30-06). Granted: 11/30/2006
1611/29/2006 APPELLEE BRIEF
1711/29/2006 APPELLEE APPENDIX
1811/30/2006 DISK - AEB (electronically transmitted)
1912/14/2006 REPLY BRIEF of Appellant (e-filed)
2012/14/2006 E-FILED BRIEF (RYB)
2112/15/2006 Made 7 copies of RYB
2212/19/2006 APPEARANCES: Arnold V. Fleck, Ryan G. Dietz; Todd D. Kranda, Sarah M. Wilkins
2312/19/2006 ARGUED: Fleck; Kranda
2412/19/2006 ORAL ARGUMENT WEBCAST
2506/07/2007 DISPOSITION: REVERSED AND REMANDED
2606/07/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2706/07/2007 (CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES
2806/07/2007 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT.
2906/08/2007 Judgment e-mailed to Parties
3006/21/2007 PETITION FOR REHEARING (E-filed)
3106/21/2007 E-FILED BRIEF (Pet/Rehearing)
3206/22/2007 Made 7 copies of Pet/Rehearing
3307/25/2007 ACTION BY SUPREME COURT. Denied
3408/06/2007 MANDATE
3508/08/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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