Frueh v. Frueh

20080231 Darin G. Frueh, Plaintiff and Appellant
v.
Melissa A. Frueh, n/k/a
Melissa Hoheisel, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Sheridan County
Judge Robert O. Wefald
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Michael S. McIntee
Appellee: Rebecca Noel Burr
Term: 05/2009   Argument: 05/11/2009  1:30pm
ND cite: 2009 ND 155
NW cite: 771 N.W.2d 593

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Issues: Appellant's Statement of the Issues:
1.Did the trial court error in denying a motion for change of custody, when the basis is the trial court's decision is that the non-custodial parent is in the opinion of the court, not paying sufficient child support?
2.Did the trial Court error in failing to allow the attorneys to present testimony by the child on the issues raised in the motion, and as previously directed by the Supreme Court to review and consider; and wherein the trial court did not address such issues in its decision.
3.Has the trial court's clear bias against farmers rendered this trial Judge incapable of conducting a fair hearing upon remand, and thus should a new judge be appointed to retry this case?


Appellee's Statement of the Issues:
1. Did the trial court establish its decision that a change of custody should be denied based upon the issue of child support?
2. Did the trial court fail to consider or address issues raised by the child in its decision?
3. Did the trial court display a clear bias against farmers?

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Docket entries:
109/12/2008 NOTICE OF APPEAL: 09/09/2008
209/12/2008 ORDER FOR TRANSCRIPT: 09/09/2008
309/17/2008 Acknowledgement of OTR.
410/28/2008 TRANSCRIPT DATED August 12, 2008
510/28/2008 Certificate of Service of TRA on counsel
610/28/2008 DISK - tra (8-12-08)
711/24/2008 RECORD ON APPEAL (3 Vol.) and separates including Nos. 103 & 123
812/01/2008 MOT. EXT/TIME APPELLANT BRIEF (Faxed letter from Michael McIntee)
912/01/2008 E-FILED MOTION (Req/Ext/ATB)
1012/01/2008 ACTION BY CLERK (Mot/Ext/ATB). Granted: 12/12/2008
1112/10/2008 APPELLANT BRIEF
1212/10/2008 APPELLANT APPENDIX
1312/11/2008 DISK-ATB
1401/05/2009 MOT. EXT/TIME APPELLEE BRIEF (faxed letter from Rebecca C. Graves dated 1-5-09)
1501/05/2009 E-FILED MOTION (MAE) (FAXED)
1601/05/2009 ACTION BY CLERK (MAE). Granted: 02/11/2009
1702/03/2009 APPELLEE BRIEF (e-filed)
1802/03/2009 E-FILED BRIEF (aeb)
1902/03/2009 APPELLEE APPENDIX (Faxed)
2002/03/2009 E-FILED APPENDIX (AEA)
2102/09/2009 Received $25 surcharge for AEB (Receipt #18717)
2202/11/2009 Received 7 copies of AEB from Central Duplicating
2302/11/2009 Received 6 copies of AEA from Central Duplicating
2403/30/2009 Due to extreme weather in southern North Dakota, oral argument continued to May
2505/11/2009 APPEARANCES: Michael S. McIntee/Rebecca C. Graves
2605/11/2009 ARGUED: McIntee/Graves
2705/11/2009 ORAL ARGUMENT WEBCAST
2808/27/2009 DISPOSITION: REVERSED AND REMANDED
2908/27/2009 SPLIT OPINION: Sandstrom, Dale V.
3008/27/2009 (Concurring & dissenting): Maring, Mary Muehlen: CON/DIS
3108/27/2009 Costs on appeal taxed in favor of Appellant
3208/28/2009 Judgment E-Mailed to Parties
3309/21/2009 MANDATE
3409/23/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/28/2014