Isaacson v. Isaacson

20090114 Erik R. Isaacson, Plaintiff and Appellant
v.
Traci L. Isaacson, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Morton County
Judge Robert O. Wefald
Nature of Action: Child Support
Counsel:
Appellant: Damian John Huettl
Appellee: Sherry Mills Moore
Appellant: Gregory C. Larson
Appellant: Christina Anne Sambor
Term: 12/2009   Argument: 12/03/2009  9:30am
ND cite: 2010 ND 18
NW cite: 777 N.W.2d 886

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.The Trial Court, In Making Its Custody Determination, Deprived Plaintiff of His Due Process Rights and, Consequently, Erred in Awarding Custody to Traci.
2.The Trial Court's Valuation of the Marital Estate Was Clearly Erroneous.


Reply Brief Issues
1. The trial court's conduct in administering the trial was plain error, and is properly appealable.
2. The trial court's valuation of items in the marital estate lacked an evidentiary basis, and therefore failed to comply with applicable law.

Appellee's Statement of the Issues:
A. If the trial court divided the two-day trial in half, giving each party an equal amount of time in which to do both direct and cross-examination, was Erik deprived of due process because the judge periodically advised the parties of the amount of time remaining and Erik did not ask for more time?
B. If the parties stipulated to submit post trial briefs, and were also able to comment and reply upon errors in the court's initial draft opinion, and Erik did not ask to give a closing argument, was Erik deprived of due process because neither party gave an oral closing argument?
C. Did the court err by not characterizing breast implants as assets to be divided if they have no fair market value, and, Erik did not object nor make an offer of proof?
D. Did the court err by failing to require more information if, after Erik asked for the court to order Traci to provide information regarding the family limited partnership, she did so, but Erik did not ask for additional information nor cross-examine Traci on the issue?

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Docket entries:
103/30/2009 NOTICE OF APPEAL: 03/23/2009
204/03/2009 ORDER FOR TRANSCRIPT: 04/03/2009
305/06/2009 Transcript preparation suspended per court Reporter (Betsy Johnson)
405/06/2009 Reset due date of Appellant's Brief - Transcript prep suspended
505/12/2009 Notice that preparation of transcript has resumed (filed by May 26, 2009)
605/15/2009 MOT. EXT/TIME TRANSCRIPT (Betsy Johnson)
705/15/2009 ACTION BY TRIAL COURT (MTR). Granted: 07/15/2009
807/14/2009 TRANSCRIPT DATED December 10, 2008 & December 11, 2008 (Volumes 1 & 2)& C.O.S.
907/14/2009 DISK of tras dtd 12-10-09 & 12-11-09 (e-mailed)
1007/15/2009 RECORD ON APPEAL & EXHIBITS (Not rec'd: Exhs. 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, & 13 of Entry #73)
1107/28/2009 Substitution of Counsel rec'd for Appellant's Counsel
1208/20/2009 MOT. EXT/TIME APPELLANT BRIEF
1308/21/2009 ACTION BY CLERK. Granted: 09/23/2009
1409/23/2009 APPELLANT BRIEF (e-filed) pdf
1509/23/2009 E-FILED BRIEF (ATB) PDF
1609/23/2009 APPELLANT APPENDIX (e-filed) PDF
1709/23/2009 E-FILED APPENDIX (ATA) PDF
1809/25/2009 Received $25 e-filing surcharge for ATB & $4 surcharge for ATA (Receipt #19007).
1909/25/2009 Supplemental Clerk's Certificate dated 9-24-09 (Entry Nos. 96-103)
2009/28/2009 Received 7 cc of ATB from Central Duplicating
2109/28/2009 Received 6 cc of ATA from Central Duplicating
2210/20/2009 Supplemental Clerk's Certificate dated 10-19-09 (Entry Nos. 104-108)
2310/22/2009 APPELLEE BRIEF (e-filed)
2410/22/2009 E-FILED BRIEF (AEB)
2510/22/2009 APPELLEE APPENDIX
2610/22/2009 E-FILED APPENDIX (AEA)
2710/23/2009 Received $25 surcharge for AEB (Receipt #19202)
2810/26/2009 Received copies of AEB from Central Duplicating
2910/26/2009 Received copies of AEA from Central Duplicating
3011/05/2009 REPLY BRIEF (e-filed)
3111/05/2009 E-FILED BRIEF (RYB)
3211/09/2009 Received 7 copies of RYB from Central Duplicating
3311/16/2009 NOTICE OF ORAL ARGUMENT SENT
3411/30/2009 Request for Radio/TV Coverage (Associated Press) approved
3512/03/2009 APPEARANCES: Christina A. Sambor & Damien J. Huettl/Sherry Mills Moore
3612/03/2009 ARGUED: Sambor/Mills Moore
3712/03/2009 ORAL ARGUMENT WEBCAST
3811/08/2009 Letter dated 12/08/209 from Attorney Sambor clarifying reponse at oral argument
3901/26/2010 DISPOSITION: AFFIRMED
4001/26/2010 UNANIMOUS OPINION: Crothers, Daniel John
4101/26/2010 Costs on appeal taxed in favor of Appellee
4201/26/2010 Judgment Sent to Parties
4302/25/2010 MANDATE
4403/01/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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