Kovarik v. Kovarik

20080230 Jennifer Kovarik, Plaintiff and Appellant
v.
Bradly Kovarik, Defendant and Appellee

Appeal from: District Court, Northeast Judicial District, Walsh County
Judge Laurie A. Fontaine
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Galstad, Jensen & McCann, P.A.
Appellee: Einarson Law Office, P.C.
Term: 02/2009   Argument: 02/06/2009  2:00pm
ND cite: 2009 ND 82
NW cite: 765 N.W.2d 511

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Issues: Appellant's Statement of the Issues:
Whether the district court erred by failing to include property in the marital estate which resulted in a property distribution which was neither fair nor equitable.
Whether the district court erred in valuing the personal property awarded to the defendant.

Appellee's Statement of the Issues:
I.The trial court properly identified all property of the parties and its distribution of the marital estate was equitable A.The trial court properly considered the defendant's pre-divorce real estate transfers B.The certificates of deposit were properly excluded by the court as they are not assets that belonged to the parties C.The court's valuation of the parties' personal property is not clearly erroneous
II.Jennifer Kovarik failed to file a post-trial brief and did not argue these issues to the trial court.

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Docket entries:
109/12/2008 NOTICE OF APPEAL: 09/10/2008
209/12/2008 ORDER FOR TRANSCRIPT: 09/10/2008
310/09/2008 RECORD ON APPEAL & Exhibits
410/30/2008 DISK - tra (6-5-08) (e-mailed)
511/01/2008 Transcript dated June 5, 2008
612/11/2008 APPELLANT BRIEF
712/11/2008 APPELLANT APPENDIX
812/12/2008 Affidavit of Service by Mail
912/22/2008 DISK - ATB
1001/12/2009 APPELLEE BRIEF
1101/12/2009 DISK-AEB (e-mailed)
1202/06/2009 APPEARANCES: Patti J. Jensen; Darcie M. Einarson
1302/06/2009 ARGUED: Jensen; Einarson
1402/06/2009 ORAL ARGUMENT WEBCAST
1505/14/2009 DISPOSITION: AFFIRMED
1605/14/2009 SPLIT OPINION: Sandstrom, Dale V.
1705/14/2009 DISSENT: Maring, Mary Muehlen: DISSENT
1805/14/2009 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE.
1905/15/2009 Judgment E-Mailed to Parties
2006/09/2009 MANDATE
2106/15/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/21/2014