Dunn v. Dunn

20090127 Garry K. Dunn, Plaintiff and Appellee
v.
Michelle Dye Dunn, Defendant and Appellant

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Allan L. Schmalenberger
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Dann Edward Greenwood
Appellee: Sandra Kay Kuntz
Appellee: Bethany Joy Temple
Term: 09/2009   Argument: 09/09/2009  10:30am
ND cite: 2009 ND 193
NW cite: 775 N.W.2d 486

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the Trial Court erred in finding a substantial change of circumstances warranting a change of custody.
1. Michelle Dunn argues that the Trial Court was clearly erroneous in its determination that a substantial change of circumstances, sufficient to warrant a change of custody, occurred. Michelle Dunn argues that the Trial Court's finding that a substantial change of circumstances sufficient to warrant a change of custody occurred was induced by an erroneous view of the law and/or that no evidence existed to support the finding.
2. More particularly stated, Michelle Dunn argues that the Trial Court erred in: 1) its conclusion that Garry Dunn's intention to relocate to regardless of the Court's ruling on the motion to relocate, standing alone, constituted a substantial change of circumstances warranting a change in custody, and 2) in its conclusion that there was a substantial change of circumstances requiring a change in custody without finding that the change "adversely impacted" the children or articulating a finding which explained what it was that "compelled" or "required" a modification, or made modification "necessary", or where there no evidence exists to support such a finding,

Appellee's Statement of the Issues:
A. Whether the District Court was right in finding a material change in circumstances as required by North Dakota law.
B. Whether the District Curt was correct in finding that the change in circumstances compelled a change in custody to serve the best interests of the children under North Dakota law.
C. Whether the District Court accurately found that it was in the children's best interest to relocate, under the Stout-Hawkinson factors.

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Docket entries:
104/20/2009 NOTICE OF APPEAL: 04/17/2009
204/30/2009 APPELLANT BRIEF (e-filed)
304/30/2009 E-FILED BRIEF (atb)
404/30/2009 APPELLANT APPENDIX (e-filed) PDF
504/30/2009 E-FILED APPENDIX (ATA) PDF
605/05/2009 Receieved surcharge for ATB & ATA (Receipt #18828).
705/06/2009 Received Copies of ATB from CSD
805/06/2009 Received copies of ATA from CSD
905/14/2009 RECORD ON APPEAL (4 Vol.) and separates including # 57, 99, 100, 101 and 42, transcript
1005/14/2009 Also misc. corresp. attached to left cover of volumes
1105/29/2009 APPELLEE BRIEF
1205/29/2009 E-FILED BRIEF - AEB
1306/03/2009 Received $25 surcharge for AEB (Receipt 18869)
1406/08/2009 Received 7 copies of AEB from CSD
1506/09/2009 TRANSCRIPT DATED March 3, 2009 & C.O.S.
1606/09/2009 DISK - tra (March 3, 2009)
1706/08/2009 Supplemental Clerk's Certificate dated June 5, 2009 (Entry Nos. 166 & 167)
1806/15/2009 REPLY BRIEF (E-filed)
1906/15/2009 E-FILED BRIEF (RYB)
2006/17/2009 Received 7 copies of RYB from Central Duplicating.
2107/24/2009 NOTICE OF ORAL ARGUMENT MAILED
2209/09/2009 APPEARANCES: Dann Greenwood/Sandra Kuntz & Bethany Abrams
2309/09/2009 ARGUED: Greenwood/Kuntz
2409/09/2009 ORAL ARGUMENT WEBCAST
2511/17/2009 DISPOSITION: AFFIRMED
2611/17/2009 SPLIT OPINION: Crothers, Daniel John
2711/17/2009 (SPECIALLY CONCURRING): Maring, Mary Muehlen: CONCUR
2811/17/2009 Costs on appeal taxed in favor of Appellee
2911/18/2009 Judgment Sent to Parties
3012/11/2009 MANDATE
3112/16/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/29/2014