Frueh v. Frueh
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| 20080231 |
Darin G. Frueh, Plaintiff and Appellant
v.
Melissa A. Frueh, n/k/a
Melissa Hoheisel, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Sheridan County
Judge Robert O. Wefald |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
05/2009 Argument: 05/11/2009 01:30pm
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| ND cite: |
2009 ND 155
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| NW cite: |
771 N.W.2d 593
Listen to recording of oral argument
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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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| 1 | | 09/12/2008 | |
NOTICE OF APPEAL: 09/09/2008 |
| 2 | | 09/12/2008 | |
ORDER FOR TRANSCRIPT: 09/09/2008 |
| 3 | | 09/17/2008 | |
Acknowledgement of OTR. |
| 4 | | 10/28/2008 | |
TRANSCRIPT DATED August 12, 2008 |
| 5 | | 10/28/2008 | |
Certificate of Service of TRA on counsel |
| 6 | | 10/28/2008 | |
DISK - tra (8-12-08) |
| 7 | | 11/24/2008 | |
RECORD ON APPEAL (3 Vol.) and separates including Nos. 103 & 123 |
| 8 | | 12/01/2008 | |
MOT. EXT/TIME APPELLANT BRIEF (Faxed letter from Michael McIntee) |
| 9 | | 12/01/2008 | |
E-FILED MOTION (Req/Ext/ATB) |
| 10 | | 12/01/2008 | |
ACTION BY CLERK (Mot/Ext/ATB). Granted: 12/12/2008 |
| 11 | | 12/10/2008 | |
APPELLANT BRIEF |
| 12 | | 12/10/2008 | |
APPELLANT APPENDIX |
| 13 | | 12/11/2008 | |
DISK-ATB |
| 14 | | 01/05/2009 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed letter from Rebecca C. Graves dated 1-5-09) |
| 15 | | 01/05/2009 | |
E-FILED MOTION (MAE) (FAXED) |
| 16 | | 01/05/2009 | |
ACTION BY CLERK (MAE). Granted: 02/11/2009 |
| 17 | | 02/03/2009 | |
APPELLEE BRIEF (e-filed) |
| 18 | | 02/03/2009 | |
E-FILED BRIEF (aeb) |
| 19 | | 02/03/2009 | |
APPELLEE APPENDIX (Faxed) |
| 20 | | 02/03/2009 | |
E-FILED APPENDIX (AEA) |
| 21 | | 02/09/2009 | |
Received $25 surcharge for AEB (Receipt #18717) |
| 22 | | 02/11/2009 | |
Received 7 copies of AEB from Central Duplicating |
| 23 | | 02/11/2009 | |
Received 6 copies of AEA from Central Duplicating |
| 24 | | 03/30/2009 | |
Due to extreme weather in southern North Dakota, oral argument continued to May |
| 25 | | 05/11/2009 | |
APPEARANCES: Michael S. McIntee/Rebecca C. Graves |
| 26 | | 05/11/2009 | |
ARGUED: McIntee/Graves |
| 27 | | 05/11/2009 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 08/27/2009 | |
DISPOSITION: REVERSED AND REMANDED |
| 29 | | 08/27/2009 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 30 | | 08/27/2009 | |
(Concurring & dissenting): Maring, Mary Muehlen: CON/DIS |
| 31 | | 08/27/2009 | |
Costs on appeal taxed in favor of Appellant |
| 32 | | 08/28/2009 | |
Judgment E-Mailed to Parties |
| 33 | | 09/21/2009 | |
MANDATE |
| 34 | | 09/23/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |