Heinle v. Heinle

20090065 Angie Heinle, Plaintiff and Appellee
v.
Travis Heinle, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Daniel D. Narum
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Anne Elizabeth Summers
Appellee: Thomas E. Merrick
Appellant: Edwin W F Dyer III
Appellee: Joseph F. Larson II
Term: 10/2009   Argument: 10/07/2009  2:45pm
ND cite: 2010 ND 5
NW cite: 777 N.W.2d 590

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Whether the district court's Award of Joint Legal Custody to the Parties and to award the Plaintiff primary physical custody of the child of the parties is clearly erroneous?
2.Whether the district court correctly determined the defendant's child support obligation?
3.Whether the plaintiff should have been awarded spousal support by the district court?
4.Whether the defendant should have been ordered to pay $10,000 of the plaintiff's attorneys fees?

Appellee's Statement of the Issues:
1.Whether the award of joint legal custody with primary physical custody to Angie Heinle is clearly erroneous.
2.Whether the proper gross income was used to establish the child support obligation.
3.Whether an award of one year of rehabilitative spousal support is clearly erroneous.
4.Whether ordering Travis Heinle to pay $10,000 toward Angie Heinle's attorney's fees is clearly erroneous.

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Docket entries:
102/19/2009 NOTICE OF APPEAL: 02/18/2009
202/19/2009 ORDER FOR TRANSCRIPT: 02/18/2009
303/17/2009 RECORD ON APPEAL
404/03/2009 MOTION FOR Stay Pending Appeal With Brief
504/03/2009 E-FILED MOTION
604/06/2009 Affidavit in Support of Motion to Stay with Attachments
704/08/2009 ACTION BY SUPREME COURT (Motion for Stay). Denied
804/08/2009 Response to Motion for Stay of Judgment Pending Appeal & Affidavit og Angie Heinle
904/08/2009 Order Mailed to Parties
1004/03/2009 REQ. EXT/TIME TRANSCRIPT
1104/03/2009 ACTION BY TRIAL COURT (MTR). Granted: 05/19/2009
1205/01/2009 TRANSCRIPTS DATED October 27, 2008 and October 28, 2009
1305/01/2009 DISK - TRA 10-27 & 10-28-08 (e-mailed)
1405/27/2009 MOTION FOR INJUNCTIVE RELIEF WITH AFFIDAVIT AND BRIEF IN SUPPORT
1505/27/2009 NO ACTION TAKEN (Mot for Injunctive Relief)
1606/11/2009 MOT. EXT/TIME APPELLANT BRIEF
1706/11/2009 E-FILED MOTION - MAT
1806/11/2009 ACTION BY CLERK - MAT. Granted: 07/08/2009
1907/08/2009 APPELLANT BRIEF (e-filed)
2007/08/2009 E-FILED BRIEF (ATB)
2107/08/2009 APPELLANT APPENDIX (e-filed) PDF
2207/08/2009 E-FILED APPENDIX (ATA) PDF
2307/09/2009 Received $25 e-filing surcharge (Receipt #18917)
2407/16/2009 Received copies of ATB from Central Duplicating
2507/16/2009 Received copies of ATA from Central Duplicating
2607/29/2009 APPELLEE BRIEF (e-filed)
2707/29/2009 E-FILED BRIEF (aeb)
2807/30/2009 RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #18947).
2908/03/2009 Rec'd 7 copies of AEB from Central Duplicating
3008/11/2009 REPLY BRIEF (e-filed)
3108/11/2009 E-FILED BRIEF (RYB)
3208/14/2009 Received 7 copies of RYB from Central Duplicating
3309/14/2009 NOTICE OF ORAL ARGUMENT MAILED
3410/07/2009 APPEARANCES: Anne Summers and Appellant/Thomas Merrick
3510/07/2009 ARGUED: Summers/Merrick
3610/07/2009 ORAL ARGUMENT WEBCAST
3712/28/2009 Substitution of Counsel --- Joseph Larson for Thomas Merrick
3801/07/2010 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
3901/12/2010 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
4001/12/2010 UNANIMOUS OPINION: Kapsner, Carol Ronning
4101/12/2010 (Concurring in the result): Maring, Mary Muehlen: CON/RES
4201/12/2010 At Court's direction, no costs will be taxed in this appeal
4301/13/2010 Judgment Sent to Parties
4401/27/2010 Mot. Ext/Time Petition for Rehearing (e-filed letter)
4501/27/2010 E-FILED MOTION (Mot/Ext/Time/PER)
4601/27/2010 ACTION BY CLERK (MPR). Granted: 02/05/2010
4702/05/2010 PETITION FOR REHEARING (e-filed)
4802/05/2010 E-FILED BRIEF (PER)
4902/09/2010 Made 7 copies of PER
5002/17/2010 ACTION BY SUPREME COURT (PER). Denied
5103/02/2010 MANDATE
5203/04/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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