Wessman v. Wessman

20070069 Kari Jane Wessman, Plaintiff, Appellant
and Cross-Appellee
v.
Bradley Dale Wessman, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Vogel Law Firm
Appellee: Stephen R. Dawson
Term: 11/2007   Argument: 11/02/2007  1:30pm
ND cite: 2008 ND 62
NW cite: 747 N.W.2d 85

Listen to recording of oral argument in MP3 format
Listen to recording of oral argument in RM format
using RealPlayer Basic,© a free download.

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.

Add Docket 20070069 RSS Add Docket 20070069 RSS

Docket entries:
103/08/2007 NOTICE OF APPEAL: 03/07/2007
203/08/2007 ORDER FOR TRANSCRIPT: 03/07/2007
303/08/2007 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
403/08/2007 RETENTION OF RECORD ON APPEAL (retained by counsel for Appellee): 06/25/2007
503/16/2007 NOTICE OF CROSS APPEAL (filed in trial court on 3-15-07)
604/05/2007 Faxed letter from Cass Co. Clerk's Office dated 4-5-07 RE: retention of record by Mr. Anderson
704/24/2007 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
804/26/2007 Motion for enlargement of time for preparation of the transcript
904/26/2007 ACTION BY TRIAL COURT. Granted: 06/04/2007
1006/05/2007 Transcripts dated 1/18/07 and 1/19/07
1106/05/2007 DISK - TRA dated 1/18/07 and 1/19/07 (electronically transmitted)
1206/05/2007 Certificate of Service of transcripts dated 1/18/07 and 1/19/07
1306/06/2007 Amended Certificate of Service of transcripts dated 1/18/07 and 1/19/07
1406/06/2007 RECORD ON APPEAL including separates 34, 35, 39, 40 and 60
1506/12/2007 Agreement for substitution of counsel stating Mr. Dawson is counsel for Appellee/Cross-Appellant
1607/16/2007 APPELLANT BRIEF
1707/16/2007 APPELLANT APPENDIX
1807/17/2007 DISK - ATB
1907/17/2007 Affidavit of Service by Mail of ATB
2008/20/2007 APPELLEE BRIEF
2108/24/2007 Clerk's Supplemental Certificate of Appeal (Entries 93 - 95)
2208/24/2007 Received copies of corrected table of authorities and pages for AEB
2308/24/2007 DISK - AEB
2409/13/2007 REPLY BRIEF of Appellant
2509/14/2007 Affidavit of Service by Mail dated 9-13-07 of RYB on Mr. Dawson
2609/14/2007 DISK - ryb
2710/01/2007 REPLY BRIEF of Appellee
2810/03/2007 DISK - RYB
2910/19/2007 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
3010/25/2007 SITTING WITH THE COURT: Hodny, William F.
3110/26/2007 SITTING WITH THE COURT: McClintock, Jr., John C.
3210/29/2007 SITTING WITH THE COURT: Goodman, Ronald E.
3311/02/2007 APPEARANCES: Jerilynn Brantner Adams; Stephen R. Dawson
3411/02/2007 ARGUED: Adams; Dawson
3511/02/2007 ORAL ARGUMENT WEBCAST
3603/31/2008 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
3703/31/2008 UNANIMOUS OPINION: Maring, Mary Muehlen
3803/31/2008 No costs to be taxed in this appeal.
3904/22/2008 MANDATE
4004/24/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/25/2014