Marsden v. Koop
Serena Marsden f/k/a
Serena Koop, Plaintiff and Appellant
Jason Koop, Defendant and Appellee
Northeast Central Judicial District,
Judge Debbie Gordon Kleven
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||03/2010  Argument: 03/18/2010 2:45pm|
|ND cite:||2010 ND 196|
789 N.W.2d 531
Listen to recording of oral argument in MP3 format
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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|1||10/02/2009||NOTICE OF APPEAL: 09/30/2009|
|2||10/02/2009||ORDER FOR TRANSCRIPT: 09/30/2009|
|3||10/14/2009||Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 11/19/2009|
|4||11/16/2009||TRANSCRIPT DATED July 29, 2009 & C.O.S.|
|5||11/16/2009||DISK - tra (7-29-09) (e-mailed)|
|6||11/18/2009||RECORD ON APPEAL (2 volumes)|
|7||11/27/2009||MOTION FOR STAY, BRIEF AND APPENDIX|
|8||12/02/2009||ACTION BY SUPREME COURT. Denied|
|9||12/03/2009||Order Sent to Parties|
|12||12/24/2009||DISK - atb (e-filed)|
|13||01/22/2010||APPELLEE BRIEF (e-filed)|
|14||01/22/2010||E-FILED BRIEF (aeb)|
|15||01/22/2010||APPELLEE APPENDIX (e-filed)|
|16||01/22/2010||E-FILED APPENDIX (AEA)|
|17||01/25/2010||Received $25 surcharge for AEB (Receipt #19320)|
|18||02/02/2010||Received copies of AEB from CSD|
|19||02/02/2010||Received copies of AEA from CSD|
|20||02/16/2010||NOTICE OF ORAL ARGUMENT SENT|
|21||02/17/2010||REPLY BRIEF (e-filed)|
|22||02/17/2010||E-FILED BRIEF (RYB)|
|23||03/02/2010||Received 7 copies of RYB from CSD|
|24||03/18/2010||APPEARANCES: Patti J. Jensen/Bradley W. Parrish|
|26||03/18/2010||ORAL ARGUMENT WEBCAST|
|28||10/19/2010||SPLIT OPINION: Crothers, Daniel John|
|29||10/19/2010||(CONCURRING IN PART AND DISSENTING IN PART): Maring, Mary Muehlen: CON/DIS|
|30||10/19/2010||Costs on Appeal taxed in favor or Appellee|
|31||10/20/2010||Judgment Sent to Parties|
|33||11/24/2010||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|