Lechler v. Lechler

20090370

Barbara A. Lechler, Plaintiff and Appellee
v.
Paul Lechler, Defendant and Appellant

Appeal from:

District Court, Southwest Judicial District, Golden Valley County
Judge William A. Herauf

Nature of Action:

Counsel:

Appellant:		Camille O'Kara Hann
Appellee:		Dann Edward Greenwood

Term:

06/2010 Argument: 06/22/2010 10:45am

ND cite:

2010 ND 158

NW cite:

786 N.W.2d 733

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Issues:

Appellant's Statement of the Issues:
I. Whether the trial court erred by concluding a material change in circumstances did not exist in denying movant's request for a change of primary residential responsibility.
II. Whether the trial court erred in denying the children's ability to state their preferences in chambers out of the presence of the parties.
III. Whether the trial court erred by refusing to consider all evidence, including pre-divorce conduct and activities, when the initial determination of primary residential responsibility was based on stipulation.
IV. Whether the trial court erred by not making findings of fact in its Order on Pending Motions denying movant's request for a change of primary residential responsibility.

Appellee's Statement of the Issues:
I. The trial court did not err by concluding a material change in circumstances did not exist in denying movant's request for a change of primary residential responsibility
II. The trial court did not err in denying the children's ability to state their preferences in chambers out of the presence of the parties.
III. The trial court did not err by refusing to consider all evidence, including pre-divorce conduct and activities, when the initial determination of primary residential responsibility was based on stipulation
IV. The trial court did not err by not making findings of fact in its Order on Pending Motions denying movant's request for a change of primary residential responsibility

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Docket entries:

1	12/07/2009	NOTICE OF APPEAL: 12/04/2009
2	12/07/2009	ORDER FOR TRANSCRIPT: 12/04/2009
3	01/04/2010	RECORD ON APPEAL (3 volumes)
4	01/21/2010	MOT. EXT/TIME TRANSCRIPT
5	01/21/2010	ACTION BY TRIAL COURT. Granted: 03/01/2010
6	02/12/2010	Clerk's Supplemental Certificate of Record dated February 11, 2010 (Entry Nos. 174-178).
7	02/22/2010	Copy of letter from Rhonda Anderson to Ms. Hann dated 2-19-10 RE: cost of preparing 10/19/09 TRA
8	02/25/2010	TRANSCRIPT DATED October 1, 2009 & C.O.S.
9	02/25/2010	DISK of tra dated 10-1-09
10	03/18/2010	TRANSCRIPT DATED October 19, 2009, & C.O.S.
11	03/18/2010	DISK-tra (10/19/09) emailed
12	03/26/2010	MOT. EXT/TIME APPELLANT BRIEF
13	03/26/2010	ACTION BY CLERK. Granted: 04/28/2010
14	04/28/2010	APPELLANT BRIEF (E-FILED)
15	04/28/2010	E-FILED BRIEF (atb)
16	04/28/2010	APPELLANT APPENDIX (E-FILED)
17	04/28/2010	E-FILED APPENDIX (ata)
18	04/29/2010	Received surcharge for ATB & ATA (Receipt #19475)
19	05/06/2010	Received 7 copies of ATB from CSD
20	05/06/2010	Received 6 copies of ATA from CSD
21	05/18/2010	NOTICE OF ORAL ARGUMENT SENT
22	05/26/2010	APPELLEE BRIEF (e-filed)
23	05/26/2010	E-FILED BRIEF (AEB)
24	05/27/2010	Received $25 surcharge for AEB (Receipt #19656)
25	05/28/2010	Received 7 copies of AEB from CSD
26	06/22/2010	APPEARANCES: Camille O'Kara Hann; Dann E. Greenwood
27	06/22/2010	ARGUED: Hann; Greenwood
28	06/22/2010	ORAL ARGUMENT WEBCAST
29	07/20/2010	2nd Supplemental Clerk's Certificate of Record dated July 16, 2010 - Entry Nos. 170-182
30	08/17/2010	DISPOSITION: AFFIRMED
31	08/17/2010	SPLIT OPINION: Sandstrom, Dale V.
32	08/17/2010	(CONCURRING IN THE RESULT): Maring, Mary Muehlen: CON/RES
33	08/17/2010	Costs on appeal taxed in favor of Appellee
34	08/19/2010	Judgment Sent to Parties
35	09/20/2010	MANDATE
36	09/23/2010	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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