Eberle v. Eberle

20080317 John Eberle, Plaintiff and Appellee
v.
Heidi Eberle, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Emmons County
Judge Bruce A. Romanick
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Donavin L. Grenz
Appellee: Paul Henry Myerchin
Term: 04/2009   Argument: 04/06/2009  9:30am
ND cite: 2009 ND 107
NW cite: 766 N.W.2d 477

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Should the court have granted Defendant's motion for attorney fees?
2. Should the court have granted Defendant's motion to compel Plaintiff to comply with N.D. Rules of Court 8.3(a)?
3. Should the trial court's order of November 19, 2008, be reversed and remanded?

Appellee's Statement of the Issues:
I. Whether it was clearly erroneous for the trial court to conclude that the parties' March 12, 2007, Property Settlement and Child Custody Agreement was a valid, binding agreement when the trial court, having weighed the credibility of the witnesses, found that the Agreement was free from mistake, duress, menace, fraud or undue influence and was not unconscionable.
II. Whether the trial court abused its discretion by denying Defendant's motion for attorney fees when the Defendant never provided any authority that N.D.C.C.  14-05-23 allows attorney fees for a Rule 60(b) motion and the Defendant never provided the court with a description of why the attorney fees were incurred.
III. Whether the trial court abused its discretion by denying Defendant's motion for Rule 8.3(a) compliance when the Court concluded the issue was moot.

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Docket entries:
111/28/2008 NOTICE OF APPEAL: 11/25/2008
211/28/2008 ORDER FOR TRANSCRIPT: 11/25/2008
312/02/2008 RETENTION OF RECORD ON APPEAL: 01/14/2009
412/23/2008 Suspension of Preparation of Transcript per Court Recorder Lisa Soma.
512/29/2008 Letter to Lisa Soma from Mr. Grenz's office dated 12-25-08 RE:payment for TRA
612/30/2008 Preparation of Transcript Resumed - Lisa Soma
701/14/2009 TRANSCRIPTS DATED March 3, 2008, October 23, 2008 & October 24, 2008 (3 vols.)
801/14/2009 DISK - TRA (3/3/08, 10/23/08, & 10/24/08) (e-mailed)
901/16/2009 RECORD ON APPEAL (2 volumes) & Separates (Entry Nos. 7, 28, 37, 114 & 122).
1002/23/2009 APPELLANT BRIEF (e-filed)
1102/23/2009 E-FILED BRIEF (ATB)
1202/23/2009 APPELLANT APPENDIX (e-filed)
1302/23/2009 E-FILED APPENDIX (ATA)
1402/24/2009 Received $36 surcharge for ATB & ATA (Receipt #18740)
1502/25/2009 Received corrected transcript Page 297 of Volume II.
1602/25/2009 DISK-tra (10/24/08) w/corrected Page 297. (e-mailed)
1702/26/2009 Received 7 copies of ATB from Central Duplicating.
1802/26/2009 Received 6 copies of ATA from Central Duplicating.
1903/25/2009 APPELLEE BRIEF
2003/25/2009 DISK - aeb (e-mailed)
2104/06/2009 APPEARANCES: Donavin L. Grenz/Paul H. Myerchin
2204/06/2009 ARGUED: Grenz; Myerchin
2304/06/2009 ORAL ARGUMENT WEBCAST
2406/17/2009 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2506/17/2009 SPLIT OPINION: VandeWalle, Gerald W.
2606/17/2009 Concur in the result: Crothers, Daniel John: CON/RES
2706/17/2009 Dissent: Sandstrom, Dale V.: DISSENT
2806/17/2009 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
2906/18/2009 Judgment e-mailed to Parties
3006/29/2009 APPELLEE'S PETITION FOR REHEARING
3106/29/2009 DISK-PER (e-mailed)
3207/09/2009 ACTION BY SUPREME COURT (Pet/Rehearing). Denied
3307/09/2009 (NOTE: DVS voted to grant)
3407/22/2009 MANDATE
3507/27/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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