Lee v. Lee

20060321 Bruce Lee, Plaintiff and Appellant
v.
Susan Lee, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Mercer County
Judge Sonna M. Anderson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Loren Cay McCray
Appellee: Neubauer & Oster
Term: 04/2007   Argument: 04/23/2007  10:45am
ND cite: 2007 ND 147
NW cite: 738 N.W.2d 479

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Issues: Appellant's Statement of the Issues:
Was the trial court clearly erroneous in modifying spousal support by retroactively awarding Susan Lee an increase to $700 from the date of the divorce and extending the obligation through January 2007?
Did the trial court have subject matter jurisdiction to modify spousal support?

Appellee's Statement of the Issues:
1. Was the trial court clearly erroneous in modifying spousal support by retroactively awarding Susan Lee an increase to $700 from the date of the divorce and extending the obligation through January 2007?
2. Did the trial court have subject matter jurisdiction to modify spousal support ?

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Docket entries:
111/14/2006 NOTICE OF APPEAL: 11/09/2006
211/14/2006 ORDER FOR TRANSCRIPT: 11/09/2006
312/05/2006 Suspension of Preparation of Transcript by court reporter for nonpayment
412/05/2006 Reset due date for ATB for failure to pay for transcript
512/05/2006 Action by Clerk resetting due date for ATB for failure to pay for TRA
612/15/2006 RECORD ON APPEAL w/Separates (Entry Nos. 119 & 120). Not Rec'd were Entry Nos. 153-156
712/18/2006 Preparation of Transcript Resumed - Ct. Reporter rec'd payment(faxed) - Sharon Fox
812/20/2006 TRANSCRIPT DATED November 9, 2006
912/20/2006 DISK of tra dtd 11-9-06
1001/24/2007 MOT. EXT/TIME APPELLANT BRIEF & Affidavit/Support (faxed)
1101/24/2007 E-FILED MOTION (MAT)
1201/24/2007 ACTION BY CLERK (MAT). Granted: 02/12/2007
1302/12/2007 APPELLANT APPENDIX (e-filed)
1402/12/2007 E-FILED APPENDIX (ATA)
1502/13/2007 Reset due date for ATB due to late e-filing of the ATB
1602/13/2007 Reset due date for ATB due to late e-filing of the ATB. Granted: 02/13/2007
1702/13/2007 APPELLANT BRIEF (e-filed) (PDF)
1802/13/2007 E-FILED BRIEF )ATB) (PDF)
1902/15/2007 Received $25 surcharge for ATB (Receipt #17277)
2002/20/2007 Rec'd cys of ATB from Central Duplicating
2102/20/2007 Rec'd cys of ATA from Central Duplicating
2203/07/2007 APPELLEE BRIEF
2303/07/2007 APPELLEE APPENDIX
2403/07/2007 DISK - aeb (e-mailed)
2504/23/2007 APPEARANCES: Loren C. McCray; Brenda A. Neubauer, Susan Lee
2604/23/2007 ARGUED: McCray; Neubauer
2704/23/2007 ORAL ARGUMENT WEBCAST
2808/30/2007 DISPOSITION: AFFIRMED
2908/30/2007 SPLIT OPINION: Maring, Mary Muehlen
3008/30/2007 (CONCURRING SPECIALLY): Crothers, Daniel John: CONCUR
3108/30/2007 (DISSENT): Sandstrom, Dale V.: DISSENT
3208/30/2007 Costs on appeal taxed in favor of Appellee
3308/30/2007 Judgment E-Mailed to Parties
3409/24/2007 MANDATE
3509/26/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/01/2008