Gustafson v. Gustafson
Sandra Helen Gustafson, Plaintiff, Appellee
Donald Leslie Gustafson, Defendant, Appellant
East Central Judicial District,
Judge Steven E. McCullough
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||10/2008  Argument: 10/13/2008|
|ND cite:||2008 ND 233|
758 N.W.2d 895
Listen to recording of oral argument in MP3 format
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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|1||05/12/2008 NOTICE OF APPEAL: 05/09/2008|
|2||05/12/2008 ORDER FOR TRANSCRIPT: 05/09/2008|
|3||05/12/2008 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen|
|4||05/20/2008 NOTICE OF CROSS APPEAL (filed in trial court 5-19-08)|
|5||06/30/2008 TRANSCRIPTS DATED DECEMBER 14, 2007, AND FEBRUARY 25, 2008|
|6||06/30/2008 DISK-TRA (ELECTRONIC)|
|7||07/01/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS|
|8||07/03/2008 RECORD ON APPEAL (2 volumes). Not rec'd were cr tapes (entry nos. 21, 41, 90, & 94).|
|9||08/06/2008 APPELLANT BRIEF|
|10||08/06/2008 APPELLANT APPENDIX|
|11||08/06/2008 DISK - ATB (e-mailed)|
|12||08/07/2008 Affidavit of Service of ATB|
|13||09/05/2008 APPELLEE BRIEF|
|14||09/05/2008 DISK - aeb|
|15||09/08/2008 Affidavit of Service of AEB|
|16||09/11/2008 Clerk's Supp. Cert. of Record dated September 10, 2008, with entries 116-122 attached|
|17||09/19/2008 REPLY BRIEF|
|18||09/19/2008 DISK-RYB (E-MAILED)|
|19||09/26/2008 SITTING WITH THE COURT: Anderson, Zane|
|20||10/13/2008 APPEARANCES: Timothy J. McLarnan; Deann M. Pladson and Sandra H. Gustafson|
|21||10/13/2008 ARGUED: McLarnan; Pladson|
|22||10/13/2008 ORAL ARGUMENT WEBCAST|
|23||12/18/2008 DISPOSITION (remanded): AFFIRMED/PT, REVERSED/PT|
|24||12/18/2008 UNANIMOUS OPINION: Sandstrom, Dale V.|
|25||12/18/2008 Costs on appeal taxed in favor of Appellant|
|26||12/18/2009 Judgment e-mailed to Parties|
|28||01/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|