Kienzle v. Yantzer
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| 20060364 |
Kyle Kienzle, Plaintiff and Appellee
v.
Jessica Selensky f/k/a
Jessica Yantzer, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
09/2007 Argument: 09/05/2007 01:30pm
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| ND cite: |
2007 ND 167
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| NW cite: |
740 N.W.2d 393
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the district court erred in considering the request made by the appellee to relocate with the child, without first determining if the best interests of the child require a change in primary custody to him because the parties have joint
legal and physical custody of the child?
2. Is the District Court's finding granting permission to the appellant to relocate with the child out of state in conformity with the Stout guidelines of this Court clearly erroneous in light of the evidence presented to it?
Appellee's Statement of the Issues:
1. Whether the district court erred in considering the request made by the appellee to relocate with the child, without first determining if the best interests of the child require a change in primary custody to him because the parties have joint
legal and physical custody of the child?
2. Is the District Court's finding granting permission to the appellant to relocate with the child out of state in conformity with the Stout guidelines of this Court clearly erroneous in light of the evidence presented to it?
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 Add Docket 20060364 RSS
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| 1 | | 12/12/2006 | |
NOTICE OF APPEAL: 12/07/2006 |
| 2 | | 12/12/2006 | |
ORDER FOR TRANSCRIPT: 12/07/2006 |
| 3 | | 01/24/2007 | |
TRANSCRIPT DATED September 11, 2006 |
| 4 | | 01/24/2007 | |
DISK - TRA of September 11, 2006 |
| 5 | | 01/26/2007 | |
RECORD ON APPEAL W/SEPARATE (ENTRY NO. 68-PL.EXHIBITS).NOT REC'D WERE CR TAPES (ENTRY NOS. 63 & 71) |
| 6 | | 01/26/2007 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 7 | | 03/01/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 03/01/2007 | |
ACTION BY CLERK (MAT). Granted: 03/19/2007 |
| 9 | | 03/15/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 03/15/2007 | |
ACTION BY CLERK. Granted: 04/02/2007 |
| 11 | | 03/15/2007 | |
E-FILED MOTION for Extension of Time to File Brief (by email) |
| 12 | | 04/02/2007 | |
APPELLANT BRIEF (withdrawn) |
| 13 | | 04/02/2007 | |
E-FILED BRIEF (ATB) |
| 14 | | 04/02/2007 | |
APPELLANT APPENDIX (e-filed) |
| 15 | | 04/02/2007 | |
E-FILED APPENDIX (ATA) |
| 16 | | 04/11/2007 | |
Received $25 surcharge for ATB (Receipt #17347) |
| 17 | | 04/11/2007 | |
MOTION FOR FILING OF BRIEF (ATB) |
| 18 | | 04/11/2007 | |
ACTION BY CLERK (Mot/For/Filing/Brief). Granted |
| 19 | | 04/12/2007 | |
Received copies of ATB from central duplicating service (withdrawn) |
| 20 | | 04/12/2007 | |
Received copies of ATA from central duplicating service |
| 21 | | 04/24/2007 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 22 | | 04/24/2007 | |
E-FILED MOTION (MAE) |
| 23 | | 04/24/2007 | |
ACTION BY CLERK (MAE). Granted: 06/01/2007 |
| 24 | | 04/30/2007 | |
Motion to Allow Filing of Corrected Appellant's Brief & Brief in support |
| 25 | | 04/30/2007 | |
E-FILED MOTION to allow filing of corrected Appellant's Brief |
| 26 | | 04/30/2007 | |
ACTION BY CLERK (Motion to Allow Filing of Corrected Appellant's Brief). Granted |
| 27 | | 04/30/2007 | |
APPELLANT BRIEF (Corrected) |
| 28 | | 05/03/2007 | |
Received copies of ATB from Central Duplicating Services |
| 29 | | 06/01/2007 | |
APPELLEE BRIEF |
| 30 | | 06/01/2007 | |
DISK - AEB (emailed) |
| 31 | | 06/01/2007 | |
APPELLEE APPENDIX |
| 32 | | 06/15/2007 | |
MOT. EXT/TIME REPLY BRIEF |
| 33 | | 06/15/2007 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 06/29/2007 |
| 34 | | 06/29/2007 | |
REPLY BRIEF (e-filed) |
| 35 | | 06/29/2007 | |
E-FILED BRIEF (RYB) |
| 36 | | 07/05/2007 | |
Received copies of RYB from Central Duplicating |
| 37 | | 07/23/2007 | |
SITTING WITH THE COURT: Foughty, Donovan John |
| 38 | | 09/05/2007 | |
APPEARANCES: Anne E. Summers, Jessica Selensky; Brenda A. Neubauer |
| 39 | | 09/05/2007 | |
ARGUED: Summers; Neubauer |
| 40 | | 09/05/2007 | |
ORAL ARGUMENT WEBCAST |
| 41 | | 10/19/2007 | |
DISPOSITION: AFFIRMED |
| 42 | | 10/19/2007 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 43 | | 10/19/2007 | |
Costs on appeal taxed in favor of appellee |
| 44 | | 10/19/2007 | |
Judgment emailed to Parties |
| 45 | | 11/19/2007 | |
MANDATE |
| 46 | | 11/20/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |