Bertsch v. Bertsch
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| 20070110 |
Andrew M. Bertsch, Plaintiff and Appellee
v.
Lynell C. Bertsch, n/k/a
Lynell C. Maynor Defendant and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Ward County
Judge William W. McLees |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
09/2007 Argument: 09/06/2007 10:00am
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| ND cite: |
2007 ND 168
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| NW cite: |
740 N.W.2d 388
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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?
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| 1 | | 04/20/2007 | |
NOTICE OF APPEAL: 04/19/2007 |
| 2 | | 04/20/2007 | |
ANNOUNCED DISQUALIFICATION: Crothers, Daniel John |
| 3 | | 04/27/2007 | |
AMENDED NOTICE OF APPEAL |
| 4 | | 05/21/2007 | |
RECORD ON APPEAL (7 Vol.) including separate exhibits and transcript dated November 16, 2004. |
| 5 | | 05/21/2007 | |
Not sent were Nos. 12, 18, 19, 21, 24 - 26, 37 - 40, 42 - 44, 47 - 51, 54 - 60, 63, 64, 66, |
| 6 | | 05/21/2007 | |
68, 71, 78 - 80, 85 - 88, 93, 95, 96, 102, 223 & 224. |
| 7 | | 05/21/2007 | |
APPELLANT BRIEF |
| 8 | | 05/21/2007 | |
APPELLANT APPENDIX |
| 9 | | 05/25/2007 | |
Corrected page iii of TOA for ATB |
| 10 | | 05/25/2007 | |
DISK - ATB |
| 11 | | 06/22/2007 | |
Motion Regarding Oral Argument |
| 12 | | 06/22/2007 | |
E-FILED MOTION (Motion Regarding Oral Argument) |
| 13 | | 06/22/2007 | |
APPELLEE BRIEF (in pdf) |
| 14 | | 06/22/2007 | |
Addendum to Appellee's Brief |
| 15 | | 06/22/2007 | |
E-FILED BRIEF |
| 16 | | 06/25/2007 | |
Efiling surcharge for filing of Appellee's Brief; Receipt no. 17597 |
| 17 | | 06/26/2007 | |
Received 7 copies of AEB from Central Duplicating Services |
| 18 | | 06/29/2007 | |
REPLY BRIEF of Appellant |
| 19 | | 07/02/2007 | |
DISK - ryb |
| 20 | | 07/02/2007 | |
Response to Motion Regarding Oral Argument |
| 21 | | 07/12/2007 | |
ACTION BY SUPREME COURT (Rule 34 Motion Regarding Argument). Denied |
| 22 | | 07/27/2007 | |
SITTING WITH THE COURT: McCullough, Steven E. |
| 23 | | 09/06/2007 | |
APPEARANCES: Robert S. Rau; H. Malcolm Pippin |
| 24 | | 09/06/2007 | |
ARGUED: Rau; Pippin |
| 25 | | 09/06/2007 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 10/19/2007 | |
DISPOSITION: AFFIRMED |
| 27 | | 10/19/2007 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 28 | | 10/19/2007 | |
Costs on appeal taxed in favor of Appellee |
| 29 | | 10/19/2007 | |
Judgment Mailed to Parties (Emailed to Malcolm Pippin; regular mail to Robert Rau) |
| 30 | | 11/02/2007 | |
PETITION FOR REHEARING |
| 31 | | 11/05/2007 | |
DISK - PER |
| 32 | | 11/09/2007 | |
Response of Andrew Bertsch to Petition for Rehearing of Lynell Maynor |
| 33 | | 11/09/2007 | |
EFILED RESPONSE (by email) |
| 34 | | 11/09/2007 | |
REPLY TO REHEARING REQUEST - REQUESTING TO STRIKE THE RESPONSE |
| 35 | | 11/09/2007 | |
Reply of Andrew Bertsch to Reply to Rehearing Request of Lynell Maynor |
| 36 | | 11/09/2007 | |
EFILED RESPONSE (by email) |
| 37 | | 11/14/2007 | |
NO ACTION TAKEN (Response, Reply to Rehearing Request, Reply to Reply) |
| 38 | | 11/14/2007 | |
MOTION to sanction under N.D.R.App.P. 13 each attorney for violation of N.D.R.App.P. 40(a)(3) |
| 39 | | 11/14/2007 | |
ACTION BY SUPREME COURT (each attorney to personally pay $250 to Clerk within 30 days) Sua sponte. Granted |
| 40 | | 11/16/2007 | |
Payment of $250 for saction by money order dated 11/15/07 from Robert S. Rau |
| 41 | | 11/20/2007 | |
ACTION BY SUPREME COURT (Pet/Rehearing). Denied |
| 42 | | 11/21/2007 | |
Payment of $250 for sanction by personal check dated 11/20/07 from H. Malcolm Pippin |
| 43 | | 12/03/2007 | |
MANDATE |