Sailer v. Sailer

20080114 Curtis L. Sailer, Plaintiff and Appellee
v.
Sandra K. Sailer, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Thomas J. Schneider
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Severin, Ringsak & Morrow
Appellee: Gregory Ian Runge
Term: 01/2009   Argument: 01/22/2009  2:45pm
ND cite: 2009 ND 73
NW cite: 764 N.W.2d 445

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Did the trial court err in its decision to enforce the Prenuptial Agreement?
2. Did the trial court err in failing to award spousal support to Sandra?
3. Did the trial court err in its decision to award Sandra an inequitable division of the marital estate?
4. Did the trial court err when it awarded primary custody of the minor children to Curtis?

Appellee's Statement of the Issues:
I. Whether the trial court erred in finding the parties' prenuptial agreement was conscionable and enforceable.
II. Whether the trial court erred in finding that it was in the children's best interests that Curtis Sailer was granted custody of the parties' three children.

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Docket entries:
105/19/2008 NOTICE OF APPEAL: 05/16/2008
205/19/2008 ORDER FOR TRANSCRIPT: 05/16/2008
305/28/2008 RETENTION OF RECORD ON APPEAL (and Request for Payment - Jane Hoekstra Ct. Reporter): 07/05/2008
406/30/2008 MOT. EXT/TIME TRANSCRIPT
506/30/2008 ACTION BY TRIAL COURT. Granted: 08/13/2008
608/13/2008 TRANSCRIPTS DATED December 20, 2007 (v.1) and December 21, 2007 (v.2)
708/13/2008 DISK (TRA 12-20-07 & 12-21-07) (e-mailed)
808/19/2008 RECORD ON APPEAL & Exhibits (Not rec'd: Pls. Exhs.5 & 6 of Entry #32; Pls. Exh.25 of Entry No. 80;
908/19/2008 and Entry No. 51 -- Steno Notes)
1009/15/2008 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1109/15/2008 E-FILED MOTION (Mot/Ext/ATB)
1209/15/2008 ACTION BY CHIEF DEPUTY CLERK. Granted: 10/22/2008
1310/20/2008 MOTION TO SUPPLEMENT RECORD (FAXED)
1410/20/2008 E-FILED MOTION TO SUPPLEMENT RECORD (FAXED)
1510/21/2008 NO ACTION TAKEN (MOTION TO SUPPLEMENT RECORD).
1610/22/2008 APPELLANT BRIEF
1710/22/2008 E-FILED BRIEF - ATB
1810/22/2008 APPELLANT APPENDIX
1910/22/2008 E-FILED APPENDIX - ATA
2010/23/2008 Received $25 Surcharge for Appellant Brief (Receipt 18289)
2110/24/2008 Received 7 copies of ATB from Central Duplicating.
2210/24/2008 Received 6 copies of ATA from Central Duplicating.
2310/27/2008 Corrected TOC & pages 83 through 89 for ATA
2411/24/2008 APPELLEE BRIEF
2511/24/2008 DISK - AEB (CD-ROM)
2601/22/2009 APPEARANCES: Kent M. Morrow; Gregory I. Runge
2701/22/2009 ARGUED:Morrow;Runge
2801/22/2009 ORAL ARGUMENT WEBCAST
2904/30/2009 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
3004/30/2009 SPLIT OPINION: Kapsner, Carol Ronning
3104/30/2009 (DISSENTING): Maring, Mary Muehlen: DISSENT
3204/30/2009 Neither party have and recover costs and disbursements on this appeal under Rule 39, N.D.R.App.P.
3305/04/2009 Judgment Mailed to Parties
3405/27/2009 MANDATE
3506/02/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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