Laib v. Laib

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)
Counsel:
Appellant: Probst Law Firm
Appellee: Lori Kim Weisz
Term: 01/2008   Argument: 01/07/2008  9:30am
ND cite: 2008 ND 129
NW cite: 751 N.W.2d 228

Listen to recording of oral argument in MP3 format

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.

Add Docket 20070079 RSS Add Docket 20070079 RSS

Docket entries:
103/22/2007 NOTICE OF APPEAL (Lisa Laib): 02/28/2007
203/22/2007 ORDER FOR TRANSCRIPT: 02/28/2007
303/22/2007 RETENTION OF RECORD ON APPEAL: 04/19/2007
404/05/2007 Suspension of Preparation of Transcript by court recorder due to nonpayment
504/09/2007 Transcript preparation suspended
604/11/2007 Preparation of transcript is resumed per Mr. Probst payment has been made.
704/13/2007 TRANSCRIPT DATED August 21, 2006
804/13/2007 DISK - TRA of 8-21-06
904/30/2007 RECORD ON APPEAL (2 Vol.) w/Separates (Entry Nos. 74 & 75).Also inc. was Tran. dated 11/9/04 (193A)
1005/15/2007 MOTION FOR Remand (letter dated May 14, 2007, from Paul Probst)
1105/15/2007 ACTION BY CHIEF JUSTICE. Granted
1205/15/2007 ORDER OF REMAND
1305/15/2007 Order of Remand Mailed to Parties, trial court, clerk
1405/17/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
1505/24/2007 NOTICE OF APPEAL by Virgil Laib (treated as a cross-appeal) filed in the trial court May 22, 2007
1606/18/2007 AMENDED NOTICE OF APPEAL by Lisa Laib filed in the trial court on June 14, 2007
1706/18/2007 Briefing schedule reset after remand (ATB). Granted: 07/28/2007
1806/18/2007 ACTION BY Chief Deputy Clerk (reset briefing schedule after remand). Granted: 07/28/2007
1906/29/2007 Re-filed Record on Appeal (2 Vol.) w/Separates (Entry Nos. 74, 75, 193A-11/9/04 transcript).
2007/03/2007 MOTION FOR Remand (letter dated June 29, 2007, from Lori K. Weisz)
2107/03/2007 ACTION BY CHIEF JUSTICE. Granted: 08/20/2007
2207/03/2007 ORDER OF REMAND
2307/06/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2408/08/2007 Re-Filed Record on Appeal (2 Vol.) w/Separates (Entry Nos. 74, 75, & 93A-Tra of 11/09/04)
2508/15/2007 Reset due date for Appellant's Brief after remand
2608/15/2007 ACTION BY CLERK (Reset due date for Appellant's Brief after remand). Granted: 09/24/2007
2708/15/2007 Second Notice of Appeal by Virgil Laib (treated as a cross-appeal) filed in trial court 8/14/07
2809/24/2007 APPELLANT BRIEF
2909/24/2007 APPELLANT APPENDIX
3009/25/2007 DISK - atb
3109/28/2007 Rec'd Add'l copy of ATA & two Notices of Appeal for each ATA
3210/18/2007 MOT. EXT. TIME APPELLEE/Cross-Appellant BRIEF
3310/18/2007 E-FILED MOTION (MAE/emailed)
3410/18/2007 ACTION BY CLERK (MAE). Granted: 11/16/2007
3510/24/2007 APPELLEE BRIEF (withdrawn)
3610/24/2007 APPELLEE APPENDIX (withdrawn)
3711/13/2007 CORRECTED APPELLEE BRIEF (withdrawn)
3811/14/2007 DISK - AEB (e-mailed)
3911/19/2007 Request to withdraw Corrected AEB & APP and file single AEB/Cross-AT Brief & APP (11/19/07 letter)
4011/19/2007 E-FILED MOTION to withdraw AEB and file single brief (by facsimile)
4111/20/2007 ACTION BY CHIEF JUSTICE (Request to withdraw corrected AEB & APP and refile single brief). Granted
4211/20/2007 Reset due date for AEB/Cross-Appellant Brief due to withdrawal of corrected AEB & APP
4311/20/2007 ACTION BY CHIEF JUSTICE (Reset due date of AEB). Granted: 11/26/2007
4411/26/2007 APPELLEE BRIEF
4511/28/2007 DISK (AEB) electronic
4612/03/2007 REPLY BRIEF
4712/04/2007 DISK - RYB
4812/06/2007 APPELLEE APPENDIX
4912/10/2007 Proof of Service of Revised Appendix of Appellee, dated 12-6-07, on opposing counsel (e-mailed)
5001/04/2008 Supplemental Clerk's Certificate dated 1-3-08 (Entry Nos. 218-220)
5101/07/2008 APPEARANCES: Paul M. Probst; Lori K. Weisz
5201/07/2008 ARGUED: Probst; Weisz
5301/07/2008 ORAL ARGUMENT WEBCAST
5406/26/2008 DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT
5506/26/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
5606/26/2008 Costs on appeal taxed in favor of Appellant
5706/30/2008 Judgment E-Mailed to Parties
5807/18/2008 MANDATE
5907/22/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/28/2014