Davis v. Davis

20090145 D. Luke Davis, Plaintiff and Appellant
v.
Pamela Gordon Davis, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Joel D. Medd
Nature of Action: Contracts
Counsel:
Appellant: Jonathan T. Garaas
Appellee: Jay Dennis Knudson
Term: 11/2009   Argument: 11/24/2009  2:45pm
ND cite: 2010 ND 67
NW cite: 780 N.W.2d 707

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.Is the obligor of child support entitled to the return of the excess monies received by the obligee after Social Security disability benefits are properly credited to the obligor's support obligations under N.D.A.C.  75-02-04.1-02(11)?

Reply Brief Issues
Pamela Gordon Davis ["PAMELA"] does not express any dissatisfaction with the Statement of the Issue presented by D. Luke Davis ["LUKE"]. 2.Does the obligor of child support lose his entitlement to the return of the excess monies just because he kept his support obligation current before the disability payments were actually made by the Social Security Administration?
3.Can a district court force an obligor to make gift or voluntary payment?

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Docket entries:
105/11/2009 NOTICE OF APPEAL: 05/06/2009
205/11/2009 ORDER FOR TRANSCRIPT: 05/06/2009
305/12/2009 Acknowledgment of OTR and request for RETENTION OF RECORD ON APPEAL: 06/25/2009
405/21/2009 TRANSCRIPTS dated July 7, 2008 & December 1, 2008 & COS
505/21/2009 DISK - tra (7/7/08 & 12/1/08)
605/27/2009 Transcript preparation suspended
706/04/2009 Court Reporter received payment for transcript (ltr dtd 6-2-09)
806/18/2009 TRANSCRIPTS DATED January 8, 2009 and January 13, 2009 & C.O.S.
906/18/2009 DISK - tra (January 8, 2009 & January 13, 2009)
1006/29/2009 RECORD ON APPEAL (not rec'd entry nos. 8, 22, 24, 27, 51 & 67-68)
1107/28/2009 APPELLANT BRIEF
1207/28/2009 APPELLANT APPENDIX
1307/29/2009 DISK-atb
1408/27/2009 APPELLEE BRIEF (e-filed pdf)
1508/27/2009 E-FILED BRIEF (AEB)(pdf)
1609/02/2009 Received $25 surcharge for AEB (receipt #18984)
1709/08/2009 Received 7 copies of AEB from Central Duplicating
1809/14/2009 REPLY BRIEF of Appellant
1909/15/2009 DISK - ryb (CD-ROM)
2010/20/2009 NOTICE OF ORAL ARGUMENT SENT
2111/24/2009 APPEARANCES: Jonathan T. Garaas/Jay D. Knudson
2211/24/2009 ARGUED: Garaas/Knudson
2311/24/2009 ORAL ARGUMENT WEBCAST
2404/06/2010 DISPOSITION: REVERSED
2504/06/2010 SPLIT OPINION: Sandstrom, Dale V.
2604/06/2010 (DISSENT): Maring, Mary Muehlen: DISSENT
2704/06/2010 Costs on Appeal taxed in favor of Appellant
2804/07/2010 Judgment Sent to Parties
2905/13/2010 MANDATE
3005/18/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/27/2014