Helfenstein v. Schutt | |||||||
| 20060383 |
Lawrence Helfenstein, Plaintiff and Appellee
v. Jacqueline Schutt, Defendant and Appellant | ||||||
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Donald L. Jorgensen | ||||||
| Nature of Action: | Child Cust & Support (Div.\other) | ||||||
| Counsel: |
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| Term: | 05/2007  Argument: 05/08/2007 10:45am | ||||||
| ND cite: | 2007 ND 106 | ||||||
| NW cite: |
735 N.W.2d 410
Listen to recording of oral argument using RealPlayer Basic,© a free download. | ||||||
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| Issues: |
Appellant's Statement of the Issues: Was the trial court's decision to mandate supervised visitation for a period of two years clearly erroneous? Did the trial court abuse its discretion by considering in its decision post hearing letters from the children's therapists without allowing Jacqueline Schutt to cross examine those therapists? Did the trial court improperly delegate its decision making authority to therapists with respect to visitation? Did the trial court abuse its discretion in awarding attorney's fees? Appellee's Statement of the Issues: I.Did the Court properly deny a motion filed with no affidavits or other evidence presented to demonstrate to the Court that the motion was meritorious? II.Was appeal of the Order dated August 16, 2006, perfected, and therefore properly before the Court, by the Notice of Appeal dated December 27, 2006? III.If the Order of August 16, 2006, is properly before the Court, was it error for the Court to reiterate the previous order for supervised visitation with the change from a permanent order to an order for two years? IV.If the Order of August 16, 2006, is properly before the Court, was it error for the Court to deny the Defendant's request for family therapy when she had failed to bring the necessary evidence before the Court and the Court determined a review of records to determine the appropriateness of family therapy would be a fruitless effort? V.Was the order for a minimal payment of attorney fees appropriate when the Court determined the motion to be without merit and the Court had examined the Defendant's income and expenses about six weeks prior to the Defendant's motion? | ||||||
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| 1 | 12/29/2006 | NOTICE OF APPEAL: 12/27/2006 | ||
| 2 | 12/29/2006 | ORDER FOR TRANSCRIPT: 12/27/2006 | ||
| 3 | 01/04/2007 | RETENTION OF RECORD ON APPEAL: 02/15/2007 | ||
| 4 | 02/02/2007 | TRANSCRIPT DATED July 21, 2006 | ||
| 5 | 02/02/2007 | DISK - TRA of 7-21-06 | ||
| 6 | 02/09/2007 | RECORD ON APPEAL including separate exhibits and confidential sealed documents. Not sent were | ||
| 7 | 02/09/2007 | Nos. 39, 43, 64, 80, 98, 116, 134, 155, 183, 207 & 230 (Court Reporter Notes) | ||
| 8 | 02/09/2007 | Also Document No. 215 was listed as missing by the trial court clerk. | ||
| 9 | 03/15/2007 | APPELLANT BRIEF (e-filed) | ||
| 10 | 03/15/2007 | E-FILED BRIEF (ATB) | ||
| 11 | 03/15/2007 | APPELLANT APPENDIX (e-filed) | ||
| 12 | 03/15/2007 | E-FILED APPENDIX (ATA) | ||
| 13 | 03/21/2007 | Received $25 surcharge for e-filed ATB (Receipt #17323) | ||
| 14 | 03/23/2007 | Received 7 copies of ATB from Central Duplicating | ||
| 15 | 03/23/2007 | Received 6 copies of ATA from Central Duplicating | ||
| 16 | 04/10/2007 | Letter from Mr. Lofgren dated 4/3/07 advising that the Regional Child Support Unit is not involved | ||
| 17 | 04/15/2007 | DISK (AEB) Electronic | ||
| 18 | 04/16/2007 | APPELLEE BRIEF | ||
| 19 | 04/16/2007 | APPELLEE APPENDIX | ||
| 20 | 04/24/2007 | ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. | ||
| 21 | 04/24/2007 | SITTING WITH THE COURT: Graff, Benny A. | ||
| 22 | 05/08/2007 | APPEARANCES: Loren C. McCray; Susan Schmidt | ||
| 23 | 05/08/2007 | ARGUED: McCray; Schmidt | ||
| 24 | 05/08/2007 | ORAL ARGUMENT WEBCAST | ||
| 25 | 06/29/2007 | DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT | ||
| 26 | 06/29/2007 | UNANIMOUS OPINION: Crothers, Daniel John | ||
| 27 | 06/29/2007 | At Court's direction, no costs will be taxed in this appeal | ||
| 28 | 06/29/2007 | Judgment Mailed to Parties (e-mailed) | ||
| 29 | 07/23/2007 | MANDATE | ||
| 30 | 07/26/2007 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |