Sorenson v. Slater

20090358 Tim Sorenson, Petitioner and Appellee
v.
Jana Slater, Respondent and Appellant

Appeal from: District Court, Northwest Judicial District, Williams County
Judge Gerald H. Rustad
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Brenda A. Neubauer
Appellee: Kevin Joseph Chapman
Term: 06/2010   Argument: 06/25/2010  1:30pm
ND cite: 2010 ND 146
NW cite: 786 N.W.2d 739

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. The trial court was clearly erroneous in awarding custody of the minor child to Tim Sorenson
a. The trial court issued perfunctory findings and failed to conduct a detailed analysis of the best interest factors based upon the evidence in the record
b. A correct analysis of the best interest factors supports an award of custody to Jana
2. The trial court failed to award Jana Slater her parental rights and right to parental decision making responsibility
a. With trial in July and the trial court's Order after August 1, 2009, was Jana entitled to parenting rights as amended in Chapter 14-09, or under prior law
3. Jana was denied due process as a result of procedural errors and violations of North Dakota Court Rules by the trial court.

Appellee's Statement of the Issues:
1. Judge Gerald Rustad's findings of fact pertaining to the best interests of the child are not clearly erroneous.
2. Jana's argument that domestic violence is a relevant factor in this case is completely ridiculous and should be sanctionable because it is completely without factual support.
3. Jana never submitted a proposed parenting plan and so should be prohibited from arguing error on appeal.
4. There have been no procedural due process errors.

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Docket entries:
111/23/2009 NOTICE OF APPEAL: 11/19/2009
211/23/2009 ORDER FOR TRANSCRIPT: 11/19/2009
311/24/2009 Amended Order for Transcript
411/27/2009 RETENTION OF RECORD ON APPEAL: 01/08/2010
501/08/2010 MOT. EXT/TIME TRANSCRIPT
601/08/2010 ACTION BY TRIAL COURT - MTR. Granted: 01/28/2010
701/21/2010 TRANSCRIPT DATED July 27, 2009 & C.O.S.
801/21/2010 DISK - TRA 7/27/09
901/21/2010 RECORD ON APPEAL (1 volume & separate)
1002/19/2010 MOT. EXT/TIME APPELLANT BRIEF
1102/19/2010 E-FILED MOTION (MAT)
1202/19/2010 ACTION BY CLERK. Granted: 04/01/2010
1304/01/2010 APPELLANT BRIEF
1404/01/2010 APPELLANT APPENDIX
1504/01/2010 DISK of ATB (e-mailed)
1604/29/2010 MOT. EXT/TIME APPELLEE BRIEF
1704/29/2010 ACTION BY CLERK. Granted: 05/18/2010
1805/12/2010 MOT. EXT/TIME APPELLEE BRIEF
1905/12/2010 ACTION BY CLERK. Granted: 05/26/2010
2005/18/2010 NOTICE OF ORAL ARGUMENT SENT
2105/24/2010 Appellee's Brief (withdrawn)
2206/02/2010 Corrected APPELLEE BRIEF
2306/02/2010 DISK - AEB (e-mailed)
2406/16/2010 REPLY BRIEF
2506/16/2010 DISK-RYB (E-MAILED)
2606/25/2010 APPEARANCES: Brenda Neubauer and Jana Slater/Kevin Chapman and Tim Sorenson
2706/25/2010 ARGUED: Neubauer/Chapman
2806/25/2010 ORAL ARGUMENT WEBCAST
2908/17/2010 DISPOSITION: REVERSED AND REMANDED
3008/17/2010 SPLIT OPINION: VandeWalle, Gerald W.
3108/17/2010 (DISSENTING): Sandstrom, Dale V.: DISSENT
3208/17/2010 Costs on appeal taxed in favor of appellant
3308/19/2010 Judgment Sent to Parties
3409/09/2010 MANDATE
3509/14/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/22/2014