Marsden v. Koop

20090285 Serena Marsden f/k/a
Serena Koop, Plaintiff and Appellant
v.
Jason Koop, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Nelson County
Judge Debbie Gordon Kleven
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Patti Jo Jensen
Appellee: Bradley Wayne Parrish
Term: 03/2010   Argument: 03/18/2010  2:45pm
ND cite: 2010 ND 196
NW cite: 789 N.W.2d 531

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the custody determination rendered by the District Court is clearly erroneous given the facts and circumstances of this case.
II. Whether the alleged debt owed by the Defendant/Appellee to his father in the amount of $8,000.00 is a gift rather than a debt, and therefore, should be considered as such in the distribution of the marital estate.
III. Whether the interest the Plaintiff/Appellant inherited in the home and the business owned by her father should have been awarded in its entirety to the Plaintiff/Appellant.

Reply Brief Issues
I. Whether the Trial Court failed to appropriately consider the Custody Investigator's report and recommendations.
II. Whether the Trial Court failed to appropriately consider the best interest factors set forth at N.D.C.C. 14-09-06.2(1).
III. Whether the Trial Court erred by including in the marital estate the value of Serena's inheritance from her father.

Appellee's Statement of the Issues:
1. The trial court did not clearly err in rendering its custody determination.
a. The trial court appropriately considered the custody investigator's report and recommendations.
b. The trial court appropriately considered the best interest factors contained in N.D.C.C.  14-09-06.2(1).
c. Serena's other assignments of error lack merit.
2. The trial court did not clearly err in its distribution of the marital estate.
a. The trial court did not clearly err in characterizing the $8,000 payment from Jason's father to Jason as a loan.
b. The trial court did not clearly err in including in the marital estate the value of Serena's inheritance from her father.

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Docket entries:
110/02/2009 NOTICE OF APPEAL: 09/30/2009
210/02/2009 ORDER FOR TRANSCRIPT: 09/30/2009
310/14/2009 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 11/19/2009
411/16/2009 TRANSCRIPT DATED July 29, 2009 & C.O.S.
511/16/2009 DISK - tra (7-29-09) (e-mailed)
611/18/2009 RECORD ON APPEAL (2 volumes)
711/27/2009 MOTION FOR STAY, BRIEF AND APPENDIX
812/02/2009 ACTION BY SUPREME COURT. Denied
912/03/2009 Order Sent to Parties
1012/23/2009 APPELLANT BRIEF
1112/23/2009 APPELLANT APPENDIX
1212/24/2009 DISK - atb (e-filed)
1301/22/2010 APPELLEE BRIEF (e-filed)
1401/22/2010 E-FILED BRIEF (aeb)
1501/22/2010 APPELLEE APPENDIX (e-filed)
1601/22/2010 E-FILED APPENDIX (AEA)
1701/25/2010 Received $25 surcharge for AEB (Receipt #19320)
1802/02/2010 Received copies of AEB from CSD
1902/02/2010 Received copies of AEA from CSD
2002/16/2010 NOTICE OF ORAL ARGUMENT SENT
2102/17/2010 REPLY BRIEF (e-filed)
2202/17/2010 E-FILED BRIEF (RYB)
2303/02/2010 Received 7 copies of RYB from CSD
2403/18/2010 APPEARANCES: Patti J. Jensen/Bradley W. Parrish
2503/18/2010 ARGUED: Jensen/Parrish
2603/18/2010 ORAL ARGUMENT WEBCAST
2710/19/2010 DISPOSITION: AFFIRMED
2810/19/2010 SPLIT OPINION: Crothers, Daniel John
2910/19/2010 (CONCURRING IN PART AND DISSENTING IN PART): Maring, Mary Muehlen: CON/DIS
3010/19/2010 Costs on Appeal taxed in favor or Appellee
3110/20/2010 Judgment Sent to Parties
3211/19/2010 MANDATE
3311/24/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/31/2014