Hitz v. Hitz
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| 20070211 |
Lois Konzak Hitz, n/k/a
Lois Ann Marie Konzak, Plaintiff and Appellant
v.
John William Hitz, Defendant and Appellee
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| Appeal from: |
District Court,
Southeast Judicial District,
Wells County
Judge James M. Bekken |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
01/2008 Argument: 01/14/2008 02:45pm
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| ND cite: |
2008 ND 58
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| NW cite: |
746 N.W.2d 732
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
Whether the District Court's division of property is clearly erroneous.
Appellee's Statement of the Issues:
1. If the court explains a disparate distribution in part on the basis of the parties' premarital property but not property received by gift or inheritance after the marriage, is it error as a matter of law?
2. Is there a point at which the length of the marriage supersedes all other Ruff-Fischer factors, as a matter of law?
3. Must the court as a matter of law ignore the diminishment of the marital estate by nearly $350,000 unless it was purposefully done to thwart the other spouse?
4. If the value placed on the parties' home is within the range proffered by the experts and that posited in Lois' Proposed Findings, did the court err by not deducting the cost needed to move the house?
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| 1 | | 07/26/2007 | |
NOTICE OF APPEAL: 07/18/2007 |
| 2 | | 07/26/2007 | |
ORDER FOR TRANSCRIPT: 07/18/2007 |
| 3 | | 08/15/2007 | |
RECORD ON APPEAL w/Separates (Entry Nos. 40, 41, 55, 56, & 58). |
| 4 | | 08/15/2007 | |
Not included w/Pl. Exhibits (Entry No. 18) & Def. Exhibits (Entry Nos. 104, 105, 107, 108, 111, 113 |
| 5 | | 08/15/2007 | |
116, 117, 120, 123, 124, 126, 128, & 131) |
| 6 | | 09/06/2007 | |
MOT. EXT/TIME TRANSCRIPT (ct recorder Houle) |
| 7 | | 09/06/2007 | |
E-FILED MOTION (MTR) |
| 8 | | 09/10/2007 | |
ACTION BY CLERK. Granted: 09/13/2007 |
| 9 | | 09/13/2007 | |
DISK - tra (10-16/17/06) (e-mailed) |
| 10 | | 09/14/2007 | |
TRANSCRIPT DATED October 16 & 17, 2006 |
| 11 | | 09/17/2007 | |
MOT. EXT/TIME TRANSCRIPT (Sua Sponte). Granted: 09/14/2007 |
| 12 | | 09/17/2007 | |
ACTION BY CLERK (MTR) (Sua Sponte). Granted: 09/14/2007 |
| 13 | | 10/16/2007 | |
MOT. EXT/TIME TRANSCRIPT (Sua Sponte) |
| 14 | | 10/16/2007 | |
ACTION BY CLERK (MTR). Granted: 11/07/2007 |
| 15 | | 10/18/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 16 | | 10/22/2007 | |
ACTION BY CLERK (14 days after filing of revised transcript). Granted: 11/19/2007 |
| 17 | | 11/04/2007 | |
DISK - tra (10-16-06 & 10-17-06 - corrected) (e-mailed) |
| 18 | | 11/05/2007 | |
TRANSCRIPT DATED October 16 & 17, 2006 (corrected) |
| 19 | | 11/06/2007 | |
certificate of service of copies of transcripts |
| 20 | | 11/19/2007 | |
APPELLANT BRIEF |
| 21 | | 11/19/2007 | |
APPELLANT APPENDIX |
| 22 | | 11/19/2007 | |
DISK - ATB (e-mailed) |
| 23 | | 12/20/2007 | |
APPELLEE BRIEF |
| 24 | | 12/20/2007 | |
APPELLEE APPENDIX |
| 25 | | 12/20/2007 | |
DISK - aeb |
| 26 | | 12/20/2007 | |
Affidavit of Service by Mail of AEB on opposing counsel |
| 27 | | 01/07/2008 | |
REPLY BRIEF |
| 28 | | 01/08/2008 | |
DISK - RYB (e-mailed) |
| 29 | | 01/14/2008 | |
ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen |
| 30 | | 01/14/2008 | |
SITTING WITH THE COURT: Hodny, William F. |
| 31 | | 01/14/2008 | |
APPEARANCES: Todd W. Foss; Sherry Mills Moore, John Hitz |
| 32 | | 01/14/2008 | |
ARGUED: Foss; Moore |
| 33 | | 01/14/2008 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 03/24/2008 | |
DISPOSITION: AFFIRMED |
| 35 | | 03/24/2008 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 36 | | 03/24/2008 | |
Costs on appeal taxed in favor of Appellee |
| 37 | | 03/24/2008 | |
Judgment E-Mailed to Parties |
| 38 | | 04/04/2008 | |
PETITION FOR REHEARING |
| 39 | | 04/04/2008 | |
DISK - PER (E-mailed) |
| 40 | | 04/21/2008 | |
ACTION BY SUPREME COURT (PER). Denied |
| 41 | | 05/01/2008 | |
MOTION FOR STAY OF MANDATE |
| 42 | | 05/05/2008 | |
ACTION BY CHIEF JUSTICE. Granted: 06/02/2008 |
| 43 | | 06/02/2008 | |
Motion for extension of the Stay of Mandate |
| 44 | | 06/03/2008 | |
ACTION BY CHIEF JUSTICE (Motion for Extension of Stay of Mandate). Denied |
| 45 | | 06/03/2008 | |
E-FILED MOTION (by facsimile transmission) |
| 46 | | 06/03/2008 | |
MANDATE |
| 47 | | 06/06/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |