Dronen v. Dronen
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| 20080110 |
Timothy Dronen, Plaintiff and Appellant
v.
Nancy Dronen, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Thomas J. Schneider |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
12/2008 Argument: 12/22/2008 09:30am
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| ND cite: |
2009 ND 70
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| NW cite: |
764 N.W.2d 675
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1.Awarding custody of the parties' youngest child to the defendant was not in best interests and welfare of the child.
a.The circumstances of the case did not support the trial court's decision to split custody of the parties' three minor children.
2.The trial court's division of property and debts between the parties was clearly erroneous.
a.The trial court should have awarded plaintiff a greater distribution of the marital estate based upon the value of the property he brought into the marriage.
b.The Court failed to award Tim a greater share of the marital estate in lieu of spousal support to compensate for Nancy's substantially higher earnings and benefits.
c.The trial court excluded from the marital estate the $260,000.00 debt owed by the parties to plaintiff's mother.
d.The trial court's decision that plaintiff pay $430,955.10 in marital debt, the remaining $166,000.00 debt to his mother, a property settlement of $332,842.90 to defendant over a period of ten (10) years at 6% interest, while raising two teenagers
on a yearly net income of $13,272.00 is grossly inequitable.
e.The trial court should have awarded Tim a share of Nancy's FERS Annuity based on the Bullock formula, or valued the asset to Nancy based upon the projected benefits and not on Nancy's cash contributions.
3.The trial court failed to apply the law when it awarded defendant attorney fees, but not the plaintiff.
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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 | | 05/19/2008 | |
Acknowledgment of Order for Transcript and request for advance payment |
| 4 | | 06/26/2008 | |
Transcripts dated October 31, 2007, November 1, 2007, and November 2, 2007. |
| 5 | | 06/26/2008 | |
DISK-TRA (10/31/07, 11/01/07, & 11/02/07) |
| 6 | | 06/26/2008 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. |
| 7 | | 06/30/2008 | |
TRANSCRIPT DATED November 5, 2007 |
| 8 | | 06/30/2008 | |
DSK - TRA dated 11/5/07 (e-mailed) |
| 9 | | 06/30/2008 | |
Certificate of Service of copies of transcript dated 11/5/07 |
| 10 | | 07/01/2008 | |
Record on Appeal and Exhibits. Not received were Clerk's Certificate Nos. 49 and 115 (steno notes) |
| 11 | | 08/04/2008 | |
MOT. EXT/TIME APPELLANT BRIEF (Faxed) |
| 12 | | 08/04/2008 | |
ACTION BY CLERK (MAT). Granted: 09/08/2008 |
| 13 | | 09/08/2008 | |
Clerk's Supp. Cert. of Record dated Sept. 5, 2008, w/ entries 162-168 attach; not rec'd 159-161 |
| 14 | | 09/08/2008 | |
APPELLANT APPENDIX |
| 15 | | 09/12/2008 | |
Clerk's Second Supp. Cert. of Record dated September 11, 2008, with entries 159-161, 169-170 |
| 16 | | 09/15/2008 | |
Corrected p.iii for Appellant's Appendix |
| 17 | | 09/15/2008 | |
APPELLANT BRIEF |
| 18 | | 09/15/2008 | |
Certificate of Service of ATB |
| 19 | | 09/19/2008 | |
Rec'd corrected p.15 & electronic copy of ATB |
| 20 | | 09/19/2008 | |
DISK-ATB (ELECTRONIC) |
| 21 | | 09/30/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (In letter form) |
| 22 | | 09/30/2008 | |
ACTION BY CLERK - MAE (w/understanding on December Term). Granted: 11/17/2008 |
| 23 | | 11/13/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (In letter form) |
| 24 | | 11/13/2008 | |
Objections to Appellee's request for extension of time |
| 25 | | 11/13/2008 | |
ACTION BY CHIEF JUSTICE - MAE. Granted: 11/24/2008 |
| 26 | | 11/24/2008 | |
APPELLEE APPENDIX |
| 27 | | 11/24/2008 | |
E-FILED APPENDIX - AEA |
| 28 | | 11/24/2008 | |
APPELLEE BRIEF |
| 29 | | 11/24/2008 | |
E-FILED BRIEF - AEB |
| 30 | | 11/25/2008 | |
Receipt for Surcharge for AEB & AEA (Receipt #18628) |
| 31 | | 12/02/2008 | |
Received 7 copies of AEB from Central Duplicating |
| 32 | | 12/02/2008 | |
Received 6 copies of AEA from Central Duplicating |
| 33 | | 12/05/2008 | |
E-FILED MOTION (Mot/Ext/RYB) (faxed letter from Brenda Neubauer) |
| 34 | | 12/05/2008 | |
MOT. EXT/TIME REPLY BRIEF (faxed letter from Brenda Neubauer) |
| 35 | | 12/05/2008 | |
ACTION BY CLERK (MRY). Granted: 12/15/2008 |
| 36 | | 12/15/2008 | |
REPLY BRIEF |
| 37 | | 12/15/2008 | |
DISK - RYB (e-mailed) |
| 38 | | 12/22/2008 | |
APPEARANCES: Brenda A. Neubauer; Suzanne M. Schweigert |
| 39 | | 12/22/2008 | |
ARGUED: Neubauer; Schweigert |
| 40 | | 12/22/2008 | |
ORAL ARGUMENT WEBCAST |
| 41 | | 04/30/2009 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 42 | | 04/30/2009 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 43 | | 04/30/2009 | |
DISSENTING: Sandstrom, Dale V.: DISSENT |
| 44 | | 04/30/2009 | |
neither party shall recover costs and disbursements on this appeal under Rule 39, N.D.R.App.P.
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| 45 | | 05/04/2009 | |
Judgment Mailed to Parties |
| 46 | | 05/27/2009 | |
MANDATE |
| 47 | | 06/02/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |