Eberle v. Eberle

20090332 John Eberle, Plaintiff and Appellee
Heidi Eberle, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Emmons County
Judge Bruce A. Romanick
Nature of Action: Child Cust & Support (Div.\other)
Appellant: Donavin L. Grenz
Appellee: Paul Henry Myerchin
Term: 04/2010   Argument: 04/07/2010
ND cite: 2010 ND 107
NW cite: 783 N.W.2d 254

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
(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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Docket entries:
111/04/2009 NOTICE OF APPEAL: 11/02/2009
211/04/2009 ORDER FOR TRANSCRIPT: 11/02/2009
311/06/2009 RETENTION OF RECORD ON APPEAL (Lisa Soma, Ct. Reporter): 12/22/2009
411/09/2009 Amended Notice of Filing Notice of Appeal
511/25/2009 Copy of Judge Romanick's Order on Motion for Waiver of Appeal Bond dated 11-20-09
612/21/2009 TRANSCRIPTS DATED August 20, 2009 & September 21, 2009, Sealed Redacted Key & C.O.S.
712/21/2009 DISK - tra (8-20-09 & 9-21-09) (e-mailed)
812/22/2009 RECORD ON APPEAL (3 Volumes) including separates Entry Nos. 114, 122, 149, 150, 151, and 161
901/29/2010 APPELLANT BRIEF (e-filed)
1001/29/2010 E-FILED BRIEF - ATB
1201/29/2010 E-FILED APPENDIX - ATA
1302/05/2010 Received $25 surcharge for ATB (Receipt No. 19338)
1402/08/2010 Received 7 copies of ATB from Central Duplicating.
1502/08/2010 Received 6 copies of ATA from Central Duplicating.
1602/25/2010 Notice of Withdrawl of Appeal of Order Adding Bankruptcy Trustee as Party to Divorce Action with
1702/25/2010 Certification of Service
1802/26/2010 APPELLEE BRIEF
1902/26/2010 DISK of AEB
2103/08/2010 First Supplemental Clerk's Certificate (Entry Nos. 214 - 230)
2304/07/2010 APPEARANCES: Donavin L. Grenz/Paul H. Myerchin
2404/07/2010 ARGUED: Grenz/Myerchin
2606/10/2010 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
2706/10/2010 UNANIMOUS OPINION: Kapsner, Carol Ronning
2806/10/2010 That neither party have and recover costs and disbursements on this appeal under Rule 39, N.D.R.App
2906/11/2010 Judgment Sent to Parties
3006/28/2010 PETITION FOR REHEARING (e-filed)
3106/28/2010 E-FILED BRIEF (PER)
3206/30/2010 Received copies of PER from Central Duplicating.
3307/13/2010 ACTION BY SUPREME COURT (PER). Denied
3407/29/2010 MANDATE

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