Serr v. Serr

20080188 Amanda M. Serr, Plaintiff and Appellee
v.
Cody G. Serr, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Richard B. Baer
Appellee: Benjamin C. Pulkrabek
Term: 12/2008   Argument: 12/04/2008  9:30am
ND cite: 2008 ND 229
NW cite: 758 N.W.2d 739

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Did the lower court abuse its discretion in revisiting the matter of custody from the time of the first appealed judgment dated August 2007 to the current judgment dated June 30, 2008?
II. Did the lower court err in its application of the child support guidelines in the current judgment?
III. Does the changing of a few words from the first judgment in August 2007 to the current judgment change the fact that Cody Serr is in fact the custodial parent with 52 more custodial nights that Amanda Serr?

Appellee's Statement of the Issues:
I. Did the lower court abuse its discretion in revising the matter of custody from the time of the first appealed Judgment dated August 2007 to the current judgment dated June 30, 2008?
II. Did the lower court err in its application of the child support guidelines in the current judgment?
III. Does the changing of a few words from the first judgment in August 2007 to the current judgment change the fact that Cody Serr is in fact the custodial parent with 52 more custodial nights than Amanda Serr?

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Docket entries:
107/29/2008 NOTICE OF APPEAL: 07/28/2008
208/08/2008 ORDER FOR TRANSCRIPT: 07/31/2008
308/08/2008 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 09/19/2008
409/05/2008 TRANSCRIPT DATED MAY 20, 2008
509/05/2008 DISK-TRA (5/20/08)
609/08/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
710/10/2008 RECORD ON APPEAL & SEPARATES (ENTRY NOS. 45 & 46).
810/10/2008 NOT REC'D W/ROA WERE ENTRY NOS. 24, 32,55 & 56).
910/13/2008 APPELLANT BRIEF
1010/13/2008 APPELLANT APPENDIX
1110/16/2008 Corrected page 2 for ATB
1210/16/2008 DISK - ATB (E-MAILED)
1310/22/2008 APPELLEE BRIEF
1410/22/2008 DISK - AEB (e-mailed)
1512/04/2008 APPEARANCES: Justin D. Hager; Benjamin C. Pulkrabek
1612/04/2008 ARGUED: Hager; Pulkrabek
1712/04/2008 ORAL ARGUMENT WEBCAST
1812/16/2008 DISPOSITION: REVERSED AND REMANDED
1912/16/2008 UNANIMOUS OPINION: Sandstrom, Dale V.
2012/16/2008 Costs on appeal taxed in favor of appellant
2112/17/2008 Judgment Mailed to Parties
2201/09/2009 MANDATE
2301/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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