Kienzle v. Yantzer

20060364 Kyle Kienzle, Plaintiff and Appellee
v.
Jessica Selensky f/k/a
Jessica Yantzer, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Gail Hagerty
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Dyer & Summers, P.C.
Appellee: Neubauer & Oster
Term: 09/2007   Argument: 09/05/2007  1:30pm
ND cite: 2007 ND 167
NW cite: 740 N.W.2d 393

Listen to recording of oral argument in MP3 format

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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Docket entries:
112/12/2006 NOTICE OF APPEAL: 12/07/2006
212/12/2006 ORDER FOR TRANSCRIPT: 12/07/2006
301/24/2007 TRANSCRIPT DATED September 11, 2006
401/24/2007 DISK - TRA of September 11, 2006
501/26/2007 RECORD ON APPEAL W/SEPARATE (ENTRY NO. 68-PL.EXHIBITS).NOT REC'D WERE CR TAPES (ENTRY NOS. 63 & 71)
601/26/2007 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
703/01/2007 MOT. EXT/TIME APPELLANT BRIEF
803/01/2007 ACTION BY CLERK (MAT). Granted: 03/19/2007
903/15/2007 MOT. EXT/TIME APPELLANT BRIEF
1003/15/2007 ACTION BY CLERK. Granted: 04/02/2007
1103/15/2007 E-FILED MOTION for Extension of Time to File Brief (by email)
1204/02/2007 APPELLANT BRIEF (withdrawn)
1304/02/2007 E-FILED BRIEF (ATB)
1404/02/2007 APPELLANT APPENDIX (e-filed)
1504/02/2007 E-FILED APPENDIX (ATA)
1604/11/2007 Received $25 surcharge for ATB (Receipt #17347)
1704/11/2007 MOTION FOR FILING OF BRIEF (ATB)
1804/11/2007 ACTION BY CLERK (Mot/For/Filing/Brief). Granted
1904/12/2007 Received copies of ATB from central duplicating service (withdrawn)
2004/12/2007 Received copies of ATA from central duplicating service
2104/24/2007 MOT. EXT/TIME APPELLEE BRIEF
2204/24/2007 E-FILED MOTION (MAE)
2304/24/2007 ACTION BY CLERK (MAE). Granted: 06/01/2007
2404/30/2007 Motion to Allow Filing of Corrected Appellant's Brief & Brief in support
2504/30/2007 E-FILED MOTION to allow filing of corrected Appellant's Brief
2604/30/2007 ACTION BY CLERK (Motion to Allow Filing of Corrected Appellant's Brief). Granted
2704/30/2007 APPELLANT BRIEF (Corrected)
2805/03/2007 Received copies of ATB from Central Duplicating Services
2906/01/2007 APPELLEE BRIEF
3006/01/2007 DISK - AEB (emailed)
3106/01/2007 APPELLEE APPENDIX
3206/15/2007 MOT. EXT/TIME REPLY BRIEF
3306/15/2007 ACTION BY CHIEF DEPUTY CLERK. Granted: 06/29/2007
3406/29/2007 REPLY BRIEF (e-filed)
3506/29/2007 E-FILED BRIEF (RYB)
3607/05/2007 Received copies of RYB from Central Duplicating
3707/23/2007 SITTING WITH THE COURT: Foughty, Donovan John
3809/05/2007 APPEARANCES: Anne E. Summers, Jessica Selensky; Brenda A. Neubauer
3909/05/2007 ARGUED: Summers; Neubauer
4009/05/2007 ORAL ARGUMENT WEBCAST
4110/19/2007 DISPOSITION: AFFIRMED
4210/19/2007 UNANIMOUS OPINION: Kapsner, Carol Ronning
4310/19/2007 Costs on appeal taxed in favor of appellee
4410/19/2007 Judgment emailed to Parties
4511/19/2007 MANDATE
4611/20/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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