Eberle v. Eberle
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| 20080317 |
John Eberle, Plaintiff and Appellee
v.
Heidi Eberle, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Emmons County
Judge Bruce A. Romanick |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
04/2009 Argument: 04/06/2009 09:30am
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| ND cite: |
2009 ND 107
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| NW cite: |
766 N.W.2d 477
Listen to recording of oral argument
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| 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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| 1 | | 11/28/2008 | |
NOTICE OF APPEAL: 11/25/2008 |
| 2 | | 11/28/2008 | |
ORDER FOR TRANSCRIPT: 11/25/2008 |
| 3 | | 12/02/2008 | |
RETENTION OF RECORD ON APPEAL: 01/14/2009 |
| 4 | | 12/23/2008 | |
Suspension of Preparation of Transcript per Court Recorder Lisa Soma. |
| 5 | | 12/29/2008 | |
Letter to Lisa Soma from Mr. Grenz's office dated 12-25-08 RE:payment for TRA |
| 6 | | 12/30/2008 | |
Preparation of Transcript Resumed - Lisa Soma |
| 7 | | 01/14/2009 | |
TRANSCRIPTS DATED March 3, 2008, October 23, 2008 & October 24, 2008 (3 vols.) |
| 8 | | 01/14/2009 | |
DISK - TRA (3/3/08, 10/23/08, & 10/24/08) (e-mailed) |
| 9 | | 01/16/2009 | |
RECORD ON APPEAL (2 volumes) & Separates (Entry Nos. 7, 28, 37, 114 & 122). |
| 10 | | 02/23/2009 | |
APPELLANT BRIEF (e-filed) |
| 11 | | 02/23/2009 | |
E-FILED BRIEF (ATB) |
| 12 | | 02/23/2009 | |
APPELLANT APPENDIX (e-filed) |
| 13 | | 02/23/2009 | |
E-FILED APPENDIX (ATA) |
| 14 | | 02/24/2009 | |
Received $36 surcharge for ATB & ATA (Receipt #18740) |
| 15 | | 02/25/2009 | |
Received corrected transcript Page 297 of Volume II. |
| 16 | | 02/25/2009 | |
DISK-tra (10/24/08) w/corrected Page 297. (e-mailed) |
| 17 | | 02/26/2009 | |
Received 7 copies of ATB from Central Duplicating. |
| 18 | | 02/26/2009 | |
Received 6 copies of ATA from Central Duplicating. |
| 19 | | 03/25/2009 | |
APPELLEE BRIEF |
| 20 | | 03/25/2009 | |
DISK - aeb (e-mailed) |
| 21 | | 04/06/2009 | |
APPEARANCES: Donavin L. Grenz/Paul H. Myerchin |
| 22 | | 04/06/2009 | |
ARGUED: Grenz; Myerchin |
| 23 | | 04/06/2009 | |
ORAL ARGUMENT WEBCAST |
| 24 | | 06/17/2009 | |
DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT |
| 25 | | 06/17/2009 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 26 | | 06/17/2009 | |
Concur in the result: Crothers, Daniel John: CON/RES |
| 27 | | 06/17/2009 | |
Dissent: Sandstrom, Dale V.: DISSENT |
| 28 | | 06/17/2009 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT |
| 29 | | 06/18/2009 | |
Judgment e-mailed to Parties |
| 30 | | 06/29/2009 | |
APPELLEE'S PETITION FOR REHEARING |
| 31 | | 06/29/2009 | |
DISK-PER (e-mailed) |
| 32 | | 07/09/2009 | |
ACTION BY SUPREME COURT (Pet/Rehearing). Denied |
| 33 | | 07/09/2009 | |
(NOTE: DVS voted to grant) |
| 34 | | 07/22/2009 | |
MANDATE |
| 35 | | 07/27/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |