Sorenson v. Slater
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| 20090358 |
Tim Sorenson, Petitioner and Appellee
v.
Jana Slater, Respondent and Appellant
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| Appeal from: |
District Court,
Northwest Judicial District,
Williams County
Judge Gerald H. Rustad |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
06/2010 Argument: 06/25/2010 01:30pm
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| ND cite: |
2010 ND 146
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| NW cite: |
786 N.W.2d 739
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 11/23/2009 | |
NOTICE OF APPEAL: 11/19/2009 |
| 2 | | 11/23/2009 | |
ORDER FOR TRANSCRIPT: 11/19/2009 |
| 3 | | 11/24/2009 | |
Amended Order for Transcript |
| 4 | | 11/27/2009 | |
RETENTION OF RECORD ON APPEAL: 01/08/2010 |
| 5 | | 01/08/2010 | |
MOT. EXT/TIME TRANSCRIPT |
| 6 | | 01/08/2010 | |
ACTION BY TRIAL COURT - MTR. Granted: 01/28/2010 |
| 7 | | 01/21/2010 | |
TRANSCRIPT DATED July 27, 2009 & C.O.S. |
| 8 | | 01/21/2010 | |
DISK - TRA 7/27/09 |
| 9 | | 01/21/2010 | |
RECORD ON APPEAL (1 volume & separate) |
| 10 | | 02/19/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 02/19/2010 | |
E-FILED MOTION (MAT) |
| 12 | | 02/19/2010 | |
ACTION BY CLERK. Granted: 04/01/2010 |
| 13 | | 04/01/2010 | |
APPELLANT BRIEF |
| 14 | | 04/01/2010 | |
APPELLANT APPENDIX |
| 15 | | 04/01/2010 | |
DISK of ATB (e-mailed) |
| 16 | | 04/29/2010 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 17 | | 04/29/2010 | |
ACTION BY CLERK. Granted: 05/18/2010 |
| 18 | | 05/12/2010 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 19 | | 05/12/2010 | |
ACTION BY CLERK. Granted: 05/26/2010 |
| 20 | | 05/18/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 21 | | 05/24/2010 | |
Appellee's Brief (withdrawn) |
| 22 | | 06/02/2010 | |
Corrected APPELLEE BRIEF |
| 23 | | 06/02/2010 | |
DISK - AEB (e-mailed) |
| 24 | | 06/16/2010 | |
REPLY BRIEF |
| 25 | | 06/16/2010 | |
DISK-RYB (E-MAILED) |
| 26 | | 06/25/2010 | |
APPEARANCES: Brenda Neubauer and Jana Slater/Kevin Chapman and Tim Sorenson |
| 27 | | 06/25/2010 | |
ARGUED: Neubauer/Chapman |
| 28 | | 06/25/2010 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 08/17/2010 | |
DISPOSITION: REVERSED AND REMANDED |
| 30 | | 08/17/2010 | |
SPLIT OPINION: VandeWalle, Gerald W. |
| 31 | | 08/17/2010 | |
(DISSENTING): Sandstrom, Dale V.: DISSENT |
| 32 | | 08/17/2010 | |
Costs on appeal taxed in favor of appellant |
| 33 | | 08/19/2010 | |
Judgment Sent to Parties |
| 34 | | 09/09/2010 | |
MANDATE |
| 35 | | 09/14/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |