Wold v. Wold
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| 20060342 |
Kandas K. Wold, Plaintiff, Appellee,
and Cross-Appellant
v.
Kirk R. Wold, Defendant, Appellant,
and Cross-Appellee
|
| Appeal from: |
District Court,
Northwest Judicial District,
McKenzie County
Judge Gerald H. Rustad |
|
Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
10/2007 Argument: 10/22/2007 01:30pm
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| ND cite: |
2008 ND 14
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| NW cite: |
744 N.W.2d 541
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the Trial Court erred in its division of property and debt.
II. Whether the Trial Court erred in its determination of the amount and duration of spousal support to which the Plaintiff was entitled and whether there was sufficient evidence to support the Court's determination.
Appellee's Statement of the Issues:
I.Whether the trial court's property division was clearly erroneous.
II.Whether the trial court's spousal support award was clearly erroneous.
III.Whether the trial court erred in not finding marital economic misconduct.
IV.Whether the trial court erred in not including the value of cheetah rentals as a part of the marital estate.
V.Whether the trial court erred in adopting the Sliwoski valuation of the marital business.
VI.Whether the trial court erred in not ordering security for payment of spousal support.
VII.Whether the supreme court should award attorneys fees on appeal.
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| 1 | | 11/24/2006 | |
NOTICE OF APPEAL: 11/20/2006 |
| 2 | | 11/24/2006 | |
ORDER FOR TRANSCRIPT: 11/20/2006 |
| 3 | | 11/24/2006 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 4 | | 12/15/2006 | |
Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 01/09/2007 |
| 5 | | 01/04/2007 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 01/04/2007 | |
ACTION BY TRIAL COURT. Granted: 02/20/2007 |
| 7 | | 01/15/2007 | |
2nd Notice of Appeal - treated as cross-appeal |
| 8 | | 02/20/2007 | |
MOT. EXT/TIME TRANSCRIPT (Court reporter) |
| 9 | | 02/20/2007 | |
ACTION BY CLERK (transcript). Granted: 03/16/2007 |
| 10 | | 02/21/2007 | |
Appellee's Motion for Limited Remand to Trial Court |
| 11 | | 02/21/2007 | |
E-FILED MOTION (fax) |
| 12 | | 02/23/2007 | |
ACTION BY CHIEF JUSTICE (formal remand unnecessary trial court retained jurisdiction). Granted |
| 13 | | 03/19/2007 | |
TRANSCRIPT commencing August 15, 2005 (three volumes) |
| 14 | | 03/20/2007 | |
DISK (3 disks, tanscripts commencing August 15, 2005) |
| 15 | | 03/20/2007 | |
Certificate of Service of Copies of Appeal Transcript |
| 16 | | 03/27/2007 | |
RECORD ON APPEAL (15 Vol.)w/Separates (Entry Nos.34,193 & 247).Not rec'd Entry Nos.249, 288, & 290. |
| 17 | | 04/11/2007 | |
Letter from McKenzie Co. Clerk's office dated 4-9-07 RE: Entry No. 249 was not rec'd at trial |
| 18 | | 04/30/2007 | |
APPELLANT APPENDIX |
| 19 | | 04/30/2007 | |
E-FILED APPENDIX |
| 20 | | 05/01/2007 | |
Received electronic filing surcharge of $43.50 for ATB and ATA (receipt no. 17369) |
| 21 | | 05/04/2007 | |
MOT. EXT/TIME/FILE/CORRECTED/APPELLANT BRIEF (letter from Dann Greenwood dated 5-3-07) |
| 22 | | 05/04/2007 | |
ACTION BY CLERK (MAT). Granted: 05/11/2007 |
| 23 | | 05/07/2007 | |
Received 6 copies of ATA from Central Duplicating |
| 24 | | 05/10/2007 | |
APPELLANT BRIEF |
| 25 | | 05/10/2007 | |
E-FILED BRIEF (ATB) |
| 26 | | 05/14/2007 | |
Received 7 copies of ATB from Central Duplicating |
| 27 | | 06/01/2007 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed) |
| 28 | | 06/01/2007 | |
E-FILED MOTION (MAE) |
| 29 | | 06/01/2007 | |
ACTION BY ACTING CHIEF JUSTICE (MAE). Granted: 07/16/2007 |
| 30 | | 07/02/2007 | |
CLERK'S SUPPLEMENTAL CERTIFICATE OF RECORD ON APPEAL DATED 6/29/07 (ENTRY NOS. 310-322). |
| 31 | | 07/09/2007 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 32 | | 07/09/2007 | |
ACTION BY SUPREME COURT. Granted: 07/27/2007 |
| 33 | | 07/09/2007 | |
E-FILED MOTION (by fax; MAE) |
| 34 | | 07/26/2007 | |
APPELLEE BRIEF e-filed |
| 35 | | 07/26/2007 | |
E-FILED BRIEF (AEB) |
| 36 | | 07/26/2007 | |
APPELLEE APPENDIX e-filed (PDF) |
| 37 | | 07/26/2007 | |
E-FILED APPENDIX (AEA) |
| 38 | | 07/27/2007 | |
Received $25 surcharge & $14.50 over page limit for appendix fee for AEB (Receipt #17636) |
| 39 | | 07/30/2007 | |
MOT. EXT/TIME REPLY BRIEF, BRIEF/SUPPORT, & AFFIDAVIT/SUPPORT (e-filed) |
| 40 | | 07/30/2007 | |
E-FILED MOTION (MRY) |
| 41 | | 07/31/2007 | |
ACTION BY CLERK (MRY). Granted: 09/07/2007 |
| 42 | | 08/06/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 43 | | 08/06/2007 | |
Received 6 copies of AEA from Central Duplicating |
| 44 | | 09/07/2007 | |
REPLY BRIEF and Brief of Cross Appellee |
| 45 | | 09/07/2007 | |
E-FILED BRIEF - RYB |
| 46 | | 09/12/2007 | |
Received 8 copies of RYB from Central Duplicating |
| 47 | | 09/20/2007 | |
SITTING WITH THE COURT: Foughty, Donovan John |
| 48 | | 10/22/2007 | |
APPEARANCES: Dann E. Greenwood; H. Malcolm Pippin |
| 49 | | 10/22/2007 | |
ARGUED: Greenwood; Pippin |
| 50 | | 10/22/2007 | |
ORAL ARGUMENT WEBCAST |
| 51 | | 01/23/2008 | |
DISPOSITION: AFFIRMED |
| 52 | | 01/23/2007 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 53 | | 01/23/2008 | |
Concur in the result: Sandstrom, Dale V.: CON/RES |
| 54 | | 01/23/2008 | |
Costs on appeal taxed in favor of appellee |
| 55 | | 01/23/2008 | |
Judgment e-mailed to Parties |
| 56 | | 02/14/2008 | |
MANDATE |
| 57 | | 02/21/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |