Gustafson v. Gustafson

20080109 Sandra Helen Gustafson, Plaintiff, Appellee
and Cross-Appellant
v.
Donald Leslie Gustafson, Defendant, Appellant
and Cross-Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: McLarnan & Skatvold, PLLP
Appellee: Maring Williams Law Office
Term: 10/2008   Argument: 10/13/2008  1:30pm
ND cite: 2008 ND 233
NW cite: 758 N.W.2d 895

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the award of permanent spousal support of $300 per month, to be paid by Donald Gustafson from total income of $1,200 from social security, to Sandra Gustafson, who earns $23,400 a year, was clearly erroneous.

REPLY BRIEF ISSUES
1.Whether the award of permanent spousal support of $300 per month, to be paid by Donald Gustafson from total income of $1,200 from social security, to Sandra Gustafson, who earns $23,400 a year, was clearly erroneous.
2.The Trial Court did not err in finding the value of the marital home at $97,300, taking repair costs estimates into account.
3.The Trial Court did not err in awarding Sandra Gustafson no attorney's fees.

Appellee's Statement of the Issues:
ISSUE 1: The trial court correctly found that Sandra was in need of spousal support when it awarded her the sum of $300 per month.
ISSUE 2: The trial court erred when it valued the marital home at $97,300 when the parties submitted their Rule 8.3 Joint Property and Debt Listing with an agreed upon value, and there was no credible evidence submitted to support the court's valuation.
ISSUE 3: The trial court erred in failing to award Sandra attorney fees.


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Docket entries:
105/12/2008 NOTICE OF APPEAL: 05/09/2008
205/12/2008 ORDER FOR TRANSCRIPT: 05/09/2008
305/12/2008 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
405/20/2008 NOTICE OF CROSS APPEAL (filed in trial court 5-19-08)
506/30/2008 TRANSCRIPTS DATED DECEMBER 14, 2007, AND FEBRUARY 25, 2008
606/30/2008 DISK-TRA (ELECTRONIC)
707/01/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS
807/03/2008 RECORD ON APPEAL (2 volumes). Not rec'd were cr tapes (entry nos. 21, 41, 90, & 94).
908/06/2008 APPELLANT BRIEF
1008/06/2008 APPELLANT APPENDIX
1108/06/2008 DISK - ATB (e-mailed)
1208/07/2008 Affidavit of Service of ATB
1309/05/2008 APPELLEE BRIEF
1409/05/2008 DISK - aeb
1509/08/2008 Affidavit of Service of AEB
1609/11/2008 Clerk's Supp. Cert. of Record dated September 10, 2008, with entries 116-122 attached
1709/19/2008 REPLY BRIEF
1809/19/2008 DISK-RYB (E-MAILED)
1909/26/2008 SITTING WITH THE COURT: Anderson, Zane
2010/13/2008 APPEARANCES: Timothy J. McLarnan; Deann M. Pladson and Sandra H. Gustafson
2110/13/2008 ARGUED: McLarnan; Pladson
2210/13/2008 ORAL ARGUMENT WEBCAST
2312/18/2008 DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT
2412/18/2008 UNANIMOUS OPINION: Sandstrom, Dale V.
2512/18/2008 Costs on appeal taxed in favor of Appellant
2612/18/2009 Judgment e-mailed to Parties
2701/12/2009 MANDATE
2801/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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