Helfenstein v. Schutt
Lawrence Helfenstein, Plaintiff and Appellee
Jacqueline Schutt, Defendant and Appellant
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||05/2007  Argument: 05/08/2007|
|ND cite:||2007 ND 106|
735 N.W.2d 410
Listen to recording of oral argument in MP3 format
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)|
|30||07/26/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|