Machart v. Machart

20090139 Patrick Tesla Machart, Plaintiff and Appellee
v.
Tracy Lynn Machart, n/k/a
Tracy Bunkowske, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wade L. Webb
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Timothy P. Hill
Appellee: Robert John Schultz
Term: 11/2009   Argument: 11/25/2009  9:30am
ND cite: 2009 ND 208
NW cite: 776 N.W.2d 795

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
The Referee's Calculation of Child Support is Clearly Erroneous.
The Referee's Determination of Material Change of Circumstances is Clearly Erroneous.

Appellee's Statement of the Issues:
I. Is the Referee's Calculation of Child Support Clearly Erroneous?
II. Is the Referee's Determination That There Has Been a Material Change of Circumstances Warranting Modification of Custody Clearly Erroneous?
A. Has There Been a Significant Change of Circumstances?
B. Is Modification of Custody is Necessary to Serve the Best Interests of the Children?


Add Docket 20090139 RSS Add Docket 20090139 RSS

Docket entries:
105/01/2009 NOTICE OF APPEAL: 04/30/2009
205/01/2009 ORDER FOR TRANSCRIPT: 04/30/2009
305/22/2009 Received notice of suspension of preparation of transcript due to nonpayment
405/22/2009 Received email notice of resumption of preparation of transcript
505/27/2009 Acknowledgment of OTR and request for Retention of Record: 06/19/2009
606/18/2009 TRANSCRIPT DATED December 19, 2008 & C.O.S.
706/17/2009 DISK - tra (December 19, 2008)
806/22/2009 RECORD ON APPEAL (not rec'd 20, 37, 46, 56, 70, 89, 101, 111 & 127 )
907/21/2009 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
1007/21/2009 E-FILED MOTION (MAT)
1107/21/2009 ACTION BY CLERK (MAT). Granted: 08/12/2009
1208/06/2009 APPELLANT BRIEF
1308/06/2009 E-FILED BRIEF - ATB
1408/06/2009 APPELLANT APPENDIX
1508/06/2009 E-FILED APPENDIX - ATA
1608/07/2009 Received $25 surcharge for AEB (Receipt 18953)
1708/10/2009 Received copies of ATB from CSD
1808/10/2009 Received copies of ATA from CSD
1909/04/2009 APPELLEE BRIEF (e-filed) (PDF)
2009/04/2009 E-FILED BRIEF (AEB)
2109/04/2009 APPELLEE APPENDIX (e-filed)
2209/04/2009 E-FILED APPENDIX (AEA)
2309/08/2009 Received $25 surcharge for AEB & $92.50 charge for AEA (Receipt #s 18991 & 18992)
2409/10/2009 Received 8 copies of AEB from Central Duplicating.
2509/10/2009 Received 6 copies of AEA from Central Duplicating.
2610/20/2009 NOTICE OF ORAL ARGUMENT SENT
2711/25/2009 APPEARANCES: Timothy P. Hill/Robert J. Schultz
2811/25/2009 ARGUED: Hill/Schultz
2911/25/2009 ORAL ARGUMENT WEBCAST
3012/15/2009 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
3112/15/2009 SPLIT OPINION: VandeWalle, Gerald W.
3212/15/2009 (Concurring in the Result): Maring, Mary Muehlen: CON/RES
3312/15/2009 Neither party will have and recover costs under Rule 39, N.D.R.App.P.
3412/16/2009 Judgment E-mailed to Parties
3501/08/2010 MANDATE
3601/13/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/01/2014