Laib v. Laib
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| 20070079 |
Virgil Laib, Plaintiff, Appellee
and Cross-Appellant
v.
Lisa Laib, Defendant, Appellant
and Cross-Appellee
|
| Appeal from: |
District Court,
South Central Judicial District,
Sheridan County
Judge Bruce B. Haskell |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
01/2008 Argument: 01/07/2008 09:30am
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| ND cite: |
2008 ND 129
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| NW cite: |
751 N.W.2d 228
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 order granting Plaintiff's Motion to Amend Judgment clearly erroneous
Reply Brief Issue:
Did the trial court err in denying Plaintiff's Rule 60 Motion?
Appellee's Statement of the Issues:
Lisa's challenge to the Order granting custody to Virgil is that there was no evidence or the court clearly erred in three main areas:
1. Endangerment/impairment to the children;
2. Change in circumstances; and
3. Best interest factors.
Whether the trial court in a divorce action abused its discretion when it denied a motion and denied a hearing under Rule 60(b) of the North Dakota Rules of Civil Procedure to divide family farmland under the mandates of equitable distribution,
following a redemption of the property, by both ex-spouses, pursuant to an order in another litigation to cancel a contract for deed, which contract for deed existed a the time of the divorce order, but the court excluded from the marital estate due
the cancellation action.
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| 1 | | 03/22/2007 | |
NOTICE OF APPEAL (Lisa Laib): 02/28/2007 |
| 2 | | 03/22/2007 | |
ORDER FOR TRANSCRIPT: 02/28/2007 |
| 3 | | 03/22/2007 | |
RETENTION OF RECORD ON APPEAL: 04/19/2007 |
| 4 | | 04/05/2007 | |
Suspension of Preparation of Transcript by court recorder due to nonpayment |
| 5 | | 04/09/2007 | |
Transcript preparation suspended |
| 6 | | 04/11/2007 | |
Preparation of transcript is resumed per Mr. Probst payment has been made. |
| 7 | | 04/13/2007 | |
TRANSCRIPT DATED August 21, 2006 |
| 8 | | 04/13/2007 | |
DISK - TRA of 8-21-06 |
| 9 | | 04/30/2007 | |
RECORD ON APPEAL (2 Vol.) w/Separates (Entry Nos. 74 & 75).Also inc. was Tran. dated 11/9/04 (193A) |
| 10 | | 05/15/2007 | |
MOTION FOR Remand (letter dated May 14, 2007, from Paul Probst) |
| 11 | | 05/15/2007 | |
ACTION BY CHIEF JUSTICE. Granted |
| 12 | | 05/15/2007 | |
ORDER OF REMAND |
| 13 | | 05/15/2007 | |
Order of Remand Mailed to Parties, trial court, clerk |
| 14 | | 05/17/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 15 | | 05/24/2007 | |
NOTICE OF APPEAL by Virgil Laib (treated as a cross-appeal) filed in the trial court May 22, 2007 |
| 16 | | 06/18/2007 | |
AMENDED NOTICE OF APPEAL by Lisa Laib filed in the trial court on June 14, 2007 |
| 17 | | 06/18/2007 | |
Briefing schedule reset after remand (ATB). Granted: 07/28/2007 |
| 18 | | 06/18/2007 | |
ACTION BY Chief Deputy Clerk (reset briefing schedule after remand). Granted: 07/28/2007 |
| 19 | | 06/29/2007 | |
Re-filed Record on Appeal (2 Vol.) w/Separates (Entry Nos. 74, 75, 193A-11/9/04 transcript). |
| 20 | | 07/03/2007 | |
MOTION FOR Remand (letter dated June 29, 2007, from Lori K. Weisz) |
| 21 | | 07/03/2007 | |
ACTION BY CHIEF JUSTICE. Granted: 08/20/2007 |
| 22 | | 07/03/2007 | |
ORDER OF REMAND |
| 23 | | 07/06/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 24 | | 08/08/2007 | |
Re-Filed Record on Appeal (2 Vol.) w/Separates (Entry Nos. 74, 75, & 93A-Tra of 11/09/04) |
| 25 | | 08/15/2007 | |
Reset due date for Appellant's Brief after remand |
| 26 | | 08/15/2007 | |
ACTION BY CLERK (Reset due date for Appellant's Brief after remand). Granted: 09/24/2007 |
| 27 | | 08/15/2007 | |
Second Notice of Appeal by Virgil Laib (treated as a cross-appeal) filed in trial court 8/14/07 |
| 28 | | 09/24/2007 | |
APPELLANT BRIEF |
| 29 | | 09/24/2007 | |
APPELLANT APPENDIX |
| 30 | | 09/25/2007 | |
DISK - atb |
| 31 | | 09/28/2007 | |
Rec'd Add'l copy of ATA & two Notices of Appeal for each ATA |
| 32 | | 10/18/2007 | |
MOT. EXT. TIME APPELLEE/Cross-Appellant BRIEF |
| 33 | | 10/18/2007 | |
E-FILED MOTION (MAE/emailed) |
| 34 | | 10/18/2007 | |
ACTION BY CLERK (MAE). Granted: 11/16/2007 |
| 35 | | 10/24/2007 | |
APPELLEE BRIEF (withdrawn) |
| 36 | | 10/24/2007 | |
APPELLEE APPENDIX (withdrawn) |
| 37 | | 11/13/2007 | |
CORRECTED APPELLEE BRIEF (withdrawn) |
| 38 | | 11/14/2007 | |
DISK - AEB (e-mailed) |
| 39 | | 11/19/2007 | |
Request to withdraw Corrected AEB & APP and file single AEB/Cross-AT Brief & APP (11/19/07 letter) |
| 40 | | 11/19/2007 | |
E-FILED MOTION to withdraw AEB and file single brief (by facsimile) |
| 41 | | 11/20/2007 | |
ACTION BY CHIEF JUSTICE (Request to withdraw corrected AEB & APP and refile single brief). Granted |
| 42 | | 11/20/2007 | |
Reset due date for AEB/Cross-Appellant Brief due to withdrawal of corrected AEB & APP |
| 43 | | 11/20/2007 | |
ACTION BY CHIEF JUSTICE (Reset due date of AEB). Granted: 11/26/2007 |
| 44 | | 11/26/2007 | |
APPELLEE BRIEF |
| 45 | | 11/28/2007 | |
DISK (AEB) electronic |
| 46 | | 12/03/2007 | |
REPLY BRIEF |
| 47 | | 12/04/2007 | |
DISK - RYB |
| 48 | | 12/06/2007 | |
APPELLEE APPENDIX |
| 49 | | 12/10/2007 | |
Proof of Service of Revised Appendix of Appellee, dated 12-6-07, on opposing counsel (e-mailed) |
| 50 | | 01/04/2008 | |
Supplemental Clerk's Certificate dated 1-3-08 (Entry Nos. 218-220) |
| 51 | | 01/07/2008 | |
APPEARANCES: Paul M. Probst; Lori K. Weisz |
| 52 | | 01/07/2008 | |
ARGUED: Probst; Weisz |
| 53 | | 01/07/2008 | |
ORAL ARGUMENT WEBCAST |
| 54 | | 06/26/2008 | |
DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT |
| 55 | | 06/26/2008 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 56 | | 06/26/2008 | |
Costs on appeal taxed in favor of Appellant |
| 57 | | 06/30/2008 | |
Judgment E-Mailed to Parties |
| 58 | | 07/18/2008 | |
MANDATE |
| 59 | | 07/22/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |