Isaacson v. Isaacson
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| 20090114 |
Erik R. Isaacson, Plaintiff and Appellant
v.
Traci L. Isaacson, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge Robert O. Wefald |
|
Nature of Action: |
Child Support
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| Counsel: |
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| Term: |
12/2009 Argument: 12/03/2009 09:30am
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| ND cite: |
2010 ND 18
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| NW cite: |
777 N.W.2d 886
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 03/30/2009 | |
NOTICE OF APPEAL: 03/23/2009 |
| 2 | | 04/03/2009 | |
ORDER FOR TRANSCRIPT: 04/03/2009 |
| 3 | | 05/06/2009 | |
Transcript preparation suspended per court Reporter (Betsy Johnson) |
| 4 | | 05/06/2009 | |
Reset due date of Appellant's Brief - Transcript prep suspended |
| 5 | | 05/12/2009 | |
Notice that preparation of transcript has resumed (filed by May 26, 2009) |
| 6 | | 05/15/2009 | |
MOT. EXT/TIME TRANSCRIPT (Betsy Johnson) |
| 7 | | 05/15/2009 | |
ACTION BY TRIAL COURT (MTR). Granted: 07/15/2009 |
| 8 | | 07/14/2009 | |
TRANSCRIPT DATED December 10, 2008 & December 11, 2008 (Volumes 1 & 2)& C.O.S. |
| 9 | | 07/14/2009 | |
DISK of tras dtd 12-10-09 & 12-11-09 (e-mailed) |
| 10 | | 07/15/2009 | |
RECORD ON APPEAL & EXHIBITS (Not rec'd: Exhs. 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, & 13 of Entry #73) |
| 11 | | 07/28/2009 | |
Substitution of Counsel rec'd for Appellant's Counsel |
| 12 | | 08/20/2009 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 13 | | 08/21/2009 | |
ACTION BY CLERK. Granted: 09/23/2009 |
| 14 | | 09/23/2009 | |
APPELLANT BRIEF (e-filed) pdf |
| 15 | | 09/23/2009 | |
E-FILED BRIEF (ATB) PDF |
| 16 | | 09/23/2009 | |
APPELLANT APPENDIX (e-filed) PDF |
| 17 | | 09/23/2009 | |
E-FILED APPENDIX (ATA) PDF |
| 18 | | 09/25/2009 | |
Received $25 e-filing surcharge for ATB & $4 surcharge for ATA (Receipt #19007). |
| 19 | | 09/25/2009 | |
Supplemental Clerk's Certificate dated 9-24-09 (Entry Nos. 96-103) |
| 20 | | 09/28/2009 | |
Received 7 cc of ATB from Central Duplicating |
| 21 | | 09/28/2009 | |
Received 6 cc of ATA from Central Duplicating |
| 22 | | 10/20/2009 | |
Supplemental Clerk's Certificate dated 10-19-09 (Entry Nos. 104-108) |
| 23 | | 10/22/2009 | |
APPELLEE BRIEF (e-filed) |
| 24 | | 10/22/2009 | |
E-FILED BRIEF (AEB) |
| 25 | | 10/22/2009 | |
APPELLEE APPENDIX |
| 26 | | 10/22/2009 | |
E-FILED APPENDIX (AEA) |
| 27 | | 10/23/2009 | |
Received $25 surcharge for AEB (Receipt #19202) |
| 28 | | 10/26/2009 | |
Received copies of AEB from Central Duplicating |
| 29 | | 10/26/2009 | |
Received copies of AEA from Central Duplicating |
| 30 | | 11/05/2009 | |
REPLY BRIEF (e-filed) |
| 31 | | 11/05/2009 | |
E-FILED BRIEF (RYB) |
| 32 | | 11/09/2009 | |
Received 7 copies of RYB from Central Duplicating |
| 33 | | 11/16/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 34 | | 11/30/2009 | |
Request for Radio/TV Coverage (Associated Press) approved |
| 35 | | 12/03/2009 | |
APPEARANCES: Christina A. Sambor & Damien J. Huettl/Sherry Mills Moore |
| 36 | | 12/03/2009 | |
ARGUED: Sambor/Mills Moore |
| 37 | | 12/03/2009 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 11/08/2009 | |
Letter dated 12/08/209 from Attorney Sambor clarifying reponse at oral argument |
| 39 | | 01/26/2010 | |
DISPOSITION: AFFIRMED |
| 40 | | 01/26/2010 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 41 | | 01/26/2010 | |
Costs on appeal taxed in favor of Appellee |
| 42 | | 01/26/2010 | |
Judgment Sent to Parties |
| 43 | | 02/25/2010 | |
MANDATE |
| 44 | | 03/01/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |