Dronen v. Dronen

20080110 Timothy Dronen, Plaintiff and Appellant
v.
Nancy Dronen, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Neubauer & Oster
Appellee: Smith Bakke Porsborg Schweigert & Armstrong
Term: 12/2008   Argument: 12/22/2008  9:30am
ND cite: 2009 ND 70
NW cite: 764 N.W.2d 675

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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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Docket entries:
105/12/2008 NOTICE OF APPEAL: 05/09/2008
205/12/2008 ORDER FOR TRANSCRIPT: 05/09/2008
305/19/2008 Acknowledgment of Order for Transcript and request for advance payment
406/26/2008 Transcripts dated October 31, 2007, November 1, 2007, and November 2, 2007.
506/26/2008 DISK-TRA (10/31/07, 11/01/07, & 11/02/07)
606/26/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
706/30/2008 TRANSCRIPT DATED November 5, 2007
806/30/2008 DSK - TRA dated 11/5/07 (e-mailed)
906/30/2008 Certificate of Service of copies of transcript dated 11/5/07
1007/01/2008 Record on Appeal and Exhibits. Not received were Clerk's Certificate Nos. 49 and 115 (steno notes)
1108/04/2008 MOT. EXT/TIME APPELLANT BRIEF (Faxed)
1208/04/2008 ACTION BY CLERK (MAT). Granted: 09/08/2008
1309/08/2008 Clerk's Supp. Cert. of Record dated Sept. 5, 2008, w/ entries 162-168 attach; not rec'd 159-161
1409/08/2008 APPELLANT APPENDIX
1509/12/2008 Clerk's Second Supp. Cert. of Record dated September 11, 2008, with entries 159-161, 169-170
1609/15/2008 Corrected p.iii for Appellant's Appendix
1709/15/2008 APPELLANT BRIEF
1809/15/2008 Certificate of Service of ATB
1909/19/2008 Rec'd corrected p.15 & electronic copy of ATB
2009/19/2008 DISK-ATB (ELECTRONIC)
2109/30/2008 MOT. EXT/TIME APPELLEE BRIEF (In letter form)
2209/30/2008 ACTION BY CLERK - MAE (w/understanding on December Term). Granted: 11/17/2008
2311/13/2008 MOT. EXT/TIME APPELLEE BRIEF (In letter form)
2411/13/2008 Objections to Appellee's request for extension of time
2511/13/2008 ACTION BY CHIEF JUSTICE - MAE. Granted: 11/24/2008
2611/24/2008 APPELLEE APPENDIX
2711/24/2008 E-FILED APPENDIX - AEA
2811/24/2008 APPELLEE BRIEF
2911/24/2008 E-FILED BRIEF - AEB
3011/25/2008 Receipt for Surcharge for AEB & AEA (Receipt #18628)
3112/02/2008 Received 7 copies of AEB from Central Duplicating
3212/02/2008 Received 6 copies of AEA from Central Duplicating
3312/05/2008 E-FILED MOTION (Mot/Ext/RYB) (faxed letter from Brenda Neubauer)
3412/05/2008 MOT. EXT/TIME REPLY BRIEF (faxed letter from Brenda Neubauer)
3512/05/2008 ACTION BY CLERK (MRY). Granted: 12/15/2008
3612/15/2008 REPLY BRIEF
3712/15/2008 DISK - RYB (e-mailed)
3812/22/2008 APPEARANCES: Brenda A. Neubauer; Suzanne M. Schweigert
3912/22/2008 ARGUED: Neubauer; Schweigert
4012/22/2008 ORAL ARGUMENT WEBCAST
4104/30/2009 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
4204/30/2009 SPLIT OPINION: Maring, Mary Muehlen
4304/30/2009 DISSENTING: Sandstrom, Dale V.: DISSENT
4404/30/2009 neither party shall recover costs and disbursements on this appeal under Rule 39, N.D.R.App.P.
4505/04/2009 Judgment Mailed to Parties
4605/27/2009 MANDATE
4706/02/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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