Eberle v. Eberle
v.
Heidi Eberle, Defendant and Appellant
Judge Bruce A. Romanick
| Appellant: | Donavin L. Grenz | |
| Appellee: | Paul Henry Myerchin |
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(1.) Did Judge Romanick commit reversible error when adding Bankruptcy Trustee, Michael Wagner, as a party to this action? (2.) Should Judge Romanick's Order On Costs On Appeal be reversed? (3.) Did Judge Romanick commit reversible error in his September 10, 2009, Findings of Fact, Conclusions of Law and Order for Judgment in ordering each party to be responsible for their own attorney fees and costs, and when limiting Heidi Eberle's equitable division of marital property to those few nominal assets of limited value which she took at the time the parties separated in February of 2007, and to a payment of $150,000.00? (4.) Should the Findings of Fact, Conclusions of Law, Order for Judgment and the Second Amended Judgment issued pursuant thereto, which awarded the majority of the parenting time to John Eberle be reversed with at least equal parenting time being awarded to Heidi Eberle?
Appellee's Statement of the Issues:
I. Whether Judge Romanick abused his discretion for joining Bankruptcy Trustee Wagner to this action when Heidi was dishonest in her voluntary Chapter 7 Bankruptcy Petition by concealing this divorce action as an asset.
II. Whether Judge Romanick's equitable distribution of the Eberle marital estate was clearly erroneous when the evidence and law support Judge Romanick's findings regarding the parties' conduct, the preservation of the third-generation Eberle family farm, and Heidi's "unclean" hands.
III. Whether Judge Romanick's parenting time award to the parties was clearly erroneous when the evidence supported Judge Romanick's findings that John's parenting time decreased dramatically over the summer of 2009, that John had difficulty arranging parenting time and an extremely difficult time reaching his children by telephone, that Heidi had testified she left it up to the minor children if they wanted to talk or spend time with John, and that Heidi cannot speak or work with John regarding parenting time.
IV. Whether Judge Romanick abused his discretion by failing to tax transcript costs following the appeal in Eberle I.
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