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:

Counsel:

Appellant:		Fleck Law Office
Appellee:		Kelsch, Kelsch, Ruff & Kranda

Term:

12/2006 Argument: 12/19/2006 09:30am

ND cite:

2007 ND 84

NW cite:

733 N.W.2d 225

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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:

1	09/01/2006	NOTICE OF APPEAL: 08/31/2006
2	09/28/2006	RECORD ON APPEAL-2 Volumes, w/Separates-Entry Nos. 149 & 150, Not Rec'd Entry Nos. 41, 67 & 68.
3	10/06/2006	MOT. EXT/TIME APPELLANT BRIEF
4	10/06/2006	E-FILED MOTION - MAT
5	10/09/2006	ACTION BY CLERK (MAT). Granted: 10/24/2006
6	10/09/2006	Clerk's Supplemental Certificate dated 10/06/2006 (Entry Nos. 160-163)
7	10/24/2006	APPELLANT BRIEF (e-filed)
8	10/24/2006	E-FILED BRIEF (ATB)
9	10/25/2006	Received $93.50 surcharge for ATB & ATA (Receipt #17156)
10	10/26/2006	Copies of ATB made
11	10/25/2006	APPELLANT APPENDIX (e-filed)
12	10/24/2006	E-FILED APPENDIX (CD-ROM)
13	10/30/2006	Copies of ATA received from Central Duplicating
14	11/16/2006	MOT. EXT/TIME APPELLEE BRIEF & Brief/Support
15	11/16/2006	ACTION BY CLERK (MAE) (due no later than 9 a.m. on 11-30-06). Granted: 11/30/2006
16	11/29/2006	APPELLEE BRIEF
17	11/29/2006	APPELLEE APPENDIX
18	11/30/2006	DISK - AEB (electronically transmitted)
19	12/14/2006	REPLY BRIEF of Appellant (e-filed)
20	12/14/2006	E-FILED BRIEF (RYB)
21	12/15/2006	Made 7 copies of RYB
22	12/19/2006	APPEARANCES: Arnold V. Fleck, Ryan G. Dietz; Todd D. Kranda, Sarah M. Wilkins
23	12/19/2006	ARGUED: Fleck; Kranda
24	12/19/2006	ORAL ARGUMENT WEBCAST
25	06/07/2007	DISPOSITION: REVERSED AND REMANDED
26	06/07/2007	UNANIMOUS OPINION: Maring, Mary Muehlen
27	06/07/2007	(CONCUR IN THE RESULT): Sandstrom, Dale V.: CON/RES
28	06/07/2007	COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT.
29	06/08/2007	Judgment e-mailed to Parties
30	06/21/2007	PETITION FOR REHEARING (E-filed)
31	06/21/2007	E-FILED BRIEF (Pet/Rehearing)
32	06/22/2007	Made 7 copies of Pet/Rehearing
33	07/25/2007	ACTION BY SUPREME COURT. Denied
34	08/06/2007	MANDATE
35	08/08/2007	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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