Bertsch v. Bertsch

20070110 Andrew M. Bertsch, Plaintiff and Appellee
v.
Lynell C. Bertsch, n/k/a
Lynell C. Maynor Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Bosard, McCutcheon & Rau, Ltd.
Appellee: Nilles, Plambeck, Selbo & Harrie, Ltd.
Term: 09/2007   Argument: 09/06/2007  10:00am
ND cite: 2007 ND 168
NW cite: 740 N.W.2d 388

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Should the District Court's Order be reversed because the Court sanctioned Lynell Maynor, and denied her a recovery of fees because she did not produce the records of a 3rd party [that the Court did not have jurisdiction over (which the Court conceded)] and when Lynell did not have control of those records?
2. Did the District Court err in ordering Lynell Maynor to pay fees of Andrew Bertsch and dismissing her claim for attorney fees and when the trial court acted in an arbitrary, capricious manner and ignored the Rule of Law?

Reply Brief Issues
Should Attorney Fees and Sanctions be imposed against the appellant and her attorney for what Andrew Bertsch considers to be a frivolous appeal.

Appellee's Statement of the Issues:
1. Did the trial court abuse its discretion in denying Lynell Maynor's request for attorneys fees?
2. Did the trial court abuse its discretion in awarding Andrew Bertsch attorneys fees?
3. Should attorneys fees and sanctions be imposed against the appellant and her attorney for a frivolous appeal?

Add Docket 20070110 RSS Add Docket 20070110 RSS

Docket entries:
104/20/2007 NOTICE OF APPEAL: 04/19/2007
204/20/2007 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
304/27/2007 AMENDED NOTICE OF APPEAL
405/21/2007 RECORD ON APPEAL (7 Vol.) including separate exhibits and transcript dated November 16, 2004.
505/21/2007 Not sent were Nos. 12, 18, 19, 21, 24 - 26, 37 - 40, 42 - 44, 47 - 51, 54 - 60, 63, 64, 66,
605/21/2007 68, 71, 78 - 80, 85 - 88, 93, 95, 96, 102, 223 & 224.
705/21/2007 APPELLANT BRIEF
805/21/2007 APPELLANT APPENDIX
905/25/2007 Corrected page iii of TOA for ATB
1005/25/2007 DISK - ATB
1106/22/2007 Motion Regarding Oral Argument
1206/22/2007 E-FILED MOTION (Motion Regarding Oral Argument)
1306/22/2007 APPELLEE BRIEF (in pdf)
1406/22/2007 Addendum to Appellee's Brief
1506/22/2007 E-FILED BRIEF
1606/25/2007 Efiling surcharge for filing of Appellee's Brief; Receipt no. 17597
1706/26/2007 Received 7 copies of AEB from Central Duplicating Services
1806/29/2007 REPLY BRIEF of Appellant
1907/02/2007 DISK - ryb
2007/02/2007 Response to Motion Regarding Oral Argument
2107/12/2007 ACTION BY SUPREME COURT (Rule 34 Motion Regarding Argument). Denied
2207/27/2007 SITTING WITH THE COURT: McCullough, Steven E.
2309/06/2007 APPEARANCES: Robert S. Rau; H. Malcolm Pippin
2409/06/2007 ARGUED: Rau; Pippin
2509/06/2007 ORAL ARGUMENT WEBCAST
2610/19/2007 DISPOSITION: AFFIRMED
2710/19/2007 UNANIMOUS OPINION: Sandstrom, Dale V.
2810/19/2007 Costs on appeal taxed in favor of Appellee
2910/19/2007 Judgment Mailed to Parties (Emailed to Malcolm Pippin; regular mail to Robert Rau)
3011/02/2007 PETITION FOR REHEARING
3111/05/2007 DISK - PER
3211/09/2007 Response of Andrew Bertsch to Petition for Rehearing of Lynell Maynor
3311/09/2007 EFILED RESPONSE (by email)
3411/09/2007 REPLY TO REHEARING REQUEST - REQUESTING TO STRIKE THE RESPONSE
3511/09/2007 Reply of Andrew Bertsch to Reply to Rehearing Request of Lynell Maynor
3611/09/2007 EFILED RESPONSE (by email)
3711/14/2007 NO ACTION TAKEN (Response, Reply to Rehearing Request, Reply to Reply)
3811/14/2007 MOTION to sanction under N.D.R.App.P. 13 each attorney for violation of N.D.R.App.P. 40(a)(3)
3911/14/2007 ACTION BY SUPREME COURT (each attorney to personally pay $250 to Clerk within 30 days) Sua sponte. Granted
4011/16/2007 Payment of $250 for saction by money order dated 11/15/07 from Robert S. Rau
4111/20/2007 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
4211/21/2007 Payment of $250 for sanction by personal check dated 11/20/07 from H. Malcolm Pippin
4312/03/2007 MANDATE

Generated from Supreme Court Docket on 10/20/2014