Wessman v. Wessman
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| 20070069 |
Kari Jane Wessman, Plaintiff, Appellant
and Cross-Appellee
v.
Bradley Dale Wessman, Defendant, Appellee
and Cross-Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven L. Marquart |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
11/2007 Argument: 11/02/2007 01:30pm
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| ND cite: |
2008 ND 62
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| NW cite: |
747 N.W.2d 85
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Whether the trial court erred in awarding the parties joint physical custody of the minor children.
2. Whether the trial court erred in finding there was no evidence of domestic violence which would trigger the rebuttable presumption under N.D.C.C. 14-09-06.2(j).
3. Whether the trial court erred in failing to consider Bradley's alcohol abuse.
4. Whether the trial court erred in considering the effects of domestic abuse perpetrated by Bradley against Kari in denying Kari full phsyical custody of the children.
5. Whether the trial court erred in awarding the parties joint physical custody where there was evidence of alienating behavior and a finding of domestic violence.
6. Whether the trial court erred in failing to order counseling for the children.
Appellee's Statement of the Issues:
1. Whether the trial court was justified in awarding the parties joint physical custody of the minor children even though there had been a finding of domestic violence by Bradley, evidence of alcohol use by both parties and allegations of alienating
behavior by Bradley where Bradley had provided a majority of the care for the children and the parties had been sharing joint physical custody of the children since there separation.
2. Whether the trial court should have ordered the children to undergo counseling.
3. On cross-appeal, and only if this Court reverses the award of joint physical custody, whether the amount of spousal support awarded to Bradley is reasonable in light of his anticipated monthly living expenses and Kari's ability to pay spousal
support.
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| 1 | | 03/08/2007 | |
NOTICE OF APPEAL: 03/07/2007 |
| 2 | | 03/08/2007 | |
ORDER FOR TRANSCRIPT: 03/07/2007 |
| 3 | | 03/08/2007 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 4 | | 03/08/2007 | |
RETENTION OF RECORD ON APPEAL (retained by counsel for Appellee): 06/25/2007 |
| 5 | | 03/16/2007 | |
NOTICE OF CROSS APPEAL (filed in trial court on 3-15-07) |
| 6 | | 04/05/2007 | |
Faxed letter from Cass Co. Clerk's Office dated 4-5-07 RE: retention of record by Mr. Anderson |
| 7 | | 04/24/2007 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 8 | | 04/26/2007 | |
Motion for enlargement of time for preparation of the transcript |
| 9 | | 04/26/2007 | |
ACTION BY TRIAL COURT. Granted: 06/04/2007 |
| 10 | | 06/05/2007 | |
Transcripts dated 1/18/07 and 1/19/07 |
| 11 | | 06/05/2007 | |
DISK - TRA dated 1/18/07 and 1/19/07 (electronically transmitted) |
| 12 | | 06/05/2007 | |
Certificate of Service of transcripts dated 1/18/07 and 1/19/07 |
| 13 | | 06/06/2007 | |
Amended Certificate of Service of transcripts dated 1/18/07 and 1/19/07 |
| 14 | | 06/06/2007 | |
RECORD ON APPEAL including separates 34, 35, 39, 40 and 60 |
| 15 | | 06/12/2007 | |
Agreement for substitution of counsel stating Mr. Dawson is counsel for Appellee/Cross-Appellant |
| 16 | | 07/16/2007 | |
APPELLANT BRIEF |
| 17 | | 07/16/2007 | |
APPELLANT APPENDIX |
| 18 | | 07/17/2007 | |
DISK - ATB |
| 19 | | 07/17/2007 | |
Affidavit of Service by Mail of ATB |
| 20 | | 08/20/2007 | |
APPELLEE BRIEF |
| 21 | | 08/24/2007 | |
Clerk's Supplemental Certificate of Appeal (Entries 93 - 95) |
| 22 | | 08/24/2007 | |
Received copies of corrected table of authorities and pages for AEB |
| 23 | | 08/24/2007 | |
DISK - AEB |
| 24 | | 09/13/2007 | |
REPLY BRIEF of Appellant |
| 25 | | 09/14/2007 | |
Affidavit of Service by Mail dated 9-13-07 of RYB on Mr. Dawson |
| 26 | | 09/14/2007 | |
DISK - ryb |
| 27 | | 10/01/2007 | |
REPLY BRIEF of Appellee |
| 28 | | 10/03/2007 | |
DISK - RYB |
| 29 | | 10/19/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 30 | | 10/25/2007 | |
SITTING WITH THE COURT: Hodny, William F. |
| 31 | | 10/26/2007 | |
SITTING WITH THE COURT: McClintock, Jr., John C. |
| 32 | | 10/29/2007 | |
SITTING WITH THE COURT: Goodman, Ronald E. |
| 33 | | 11/02/2007 | |
APPEARANCES: Jerilynn Brantner Adams; Stephen R. Dawson |
| 34 | | 11/02/2007 | |
ARGUED: Adams; Dawson |
| 35 | | 11/02/2007 | |
ORAL ARGUMENT WEBCAST |
| 36 | | 03/31/2008 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 37 | | 03/31/2008 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 38 | | 03/31/2008 | |
No costs to be taxed in this appeal. |
| 39 | | 04/22/2008 | |
MANDATE |
| 40 | | 04/24/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |