Schirado v. Foote
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| 20090282 |
Andrew Schirado, Plaintiff and Appellant
v.
Anna Foote and J.L.F., a minor
child, by his natural guardian,
Anna Foote, Defendants and Appellees
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge David E. Reich |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
04/2010 Argument: 04/20/2010 09:30am
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| ND cite: |
2010 ND 136
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| NW cite: |
785 N.W.2d 235
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court erred when it determined J.L.F.'s home state is the Fort Berthold Indian Reservation and not North Dakota
II. Whether the trial court erred when it failed to address the attorney's fees it awarded Andrew Schirado in September 2008 in its final order
Appellee's Statement of the Issues:
1.Whether the trial court erred when it determined J.L.F.'s home state is the Fort Berthold Indian Reservation and not North Dakota?
2.Whether the trial court erred when it failed to address the attorney's fees it awarded Andrew Schirado in September, 2008, in its final order?
3.Whether the Appellant's appeal is frivolous and merits the award of double costs and reasonable attorney's fees and sanctions?
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| 1 | | 09/30/2009 | |
NOTICE OF APPEAL: 09/29/2009 |
| 2 | | 09/30/2009 | |
ORDER FOR TRANSCRIPT: 09/29/2009 |
| 3 | | 10/06/2009 | |
RETENTION OF RECORD ON APPEAL: 11/18/2009 |
| 4 | | 11/16/2009 | |
TRANSCRIPTS DATED 4/30/07, 5/23/08, 9/16/08, 12/1/08, 6/22/09 & C.O.S. |
| 5 | | 11/16/2009 | |
DISK-TRA (4/30/07, 5/23/08, 9/16/08, 12/1/08, 6/22/09) E-MAILED |
| 6 | | 11/18/2009 | |
RECORD ON APPEAL & Exhibits 1-15 (Not rec'd: 17--Court Reporter Notes) |
| 7 | | 12/03/2009 | |
MOT. EXT/TIME APPELLANT BRIEF (letter from Suzanne Schweigert dated 12-2-09) |
| 8 | | 12/03/2009 | |
ACTION BY CLERK (MAT). Granted: 01/25/2010 |
| 9 | | 01/25/2010 | |
APPELLANT BRIEF |
| 10 | | 01/25/2010 | |
E-FILED BRIEF - ATB |
| 11 | | 01/25/2010 | |
APPELLANT APPENDIX |
| 12 | | 01/25/2010 | |
E-FILED APPENDIX - ATA |
| 13 | | 01/29/2010 | |
Received $70 surcharge for ATB & ATA (Receipt #19326) |
| 14 | | 02/02/2010 | |
Certificate of Service by e-mail of the ATB on Mr. Sheets |
| 15 | | 02/04/2010 | |
Received 7 copies of ATB from CSD |
| 16 | | 02/04/2010 | |
Received 6 copies of ATA from CSD |
| 17 | | 02/16/2010 | |
MOT. EXT/TIME APPELLEE BRIEF (e-filed letter from Mr. Sheets) |
| 18 | | 02/16/2010 | |
E-FILED MOTION (MAE) |
| 19 | | 02/16/2010 | |
ACTION BY CLERK (MAE). Granted: 03/26/2010 |
| 20 | | 03/22/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 21 | | 03/26/2010 | |
APPELLEE BRIEF (e-filed) |
| 22 | | 03/26/2010 | |
E-FILED BRIEF (AEB) |
| 23 | | 03/26/2010 | |
APPELLEE APPENDIX (e-filed) PDF |
| 24 | | 03/26/2010 | |
E-FILED APPENDIX (AEA) |
| 25 | | 03/31/2010 | |
Received $25 e-filing surcharge (Receipt #19427). |
| 26 | | 03/31/2010 | |
Received 7 copies of AEB from Central Duplicating. |
| 27 | | 03/31/2010 | |
Received 6 copies of AEA from Central Duplicating. |
| 28 | | 04/09/2010 | |
REPLY BRIEF of Appellant (e-filed) |
| 29 | | 04/09/2010 | |
E-FILED BRIEF (RYB) |
| 30 | | 04/13/2010 | |
Made 7 copies of RYB |
| 31 | | 04/20/2010 | |
APPEARANCES: Suzanne Schweigert; Jeffrey Sheets |
| 32 | | 04/20/2010 | |
ARGUED: Schweigert; Sheets |
| 33 | | 04/20/2010 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 07/13/2010 | |
DISPOSITION: REVERSED AND REMANDED |
| 35 | | 07/13/2010 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 36 | | 07/13/2010 | |
Costs on appeal taxed in favor of Appellant |
| 37 | | 07/14/2010 | |
Judgment Sent to Parties |
| 38 | | 08/09/2010 | |
MANDATE |
| 39 | | 08/12/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |