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: Child Cust & Support (Div.\other)
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:
112/07/2009 NOTICE OF APPEAL: 12/04/2009
212/07/2009 ORDER FOR TRANSCRIPT: 12/04/2009
301/04/2010 RECORD ON APPEAL (3 volumes)
401/21/2010 MOT. EXT/TIME TRANSCRIPT
501/21/2010 ACTION BY TRIAL COURT. Granted: 03/01/2010
602/12/2010 Clerk's Supplemental Certificate of Record dated February 11, 2010 (Entry Nos. 174-178).
702/22/2010 Copy of letter from Rhonda Anderson to Ms. Hann dated 2-19-10 RE: cost of preparing 10/19/09 TRA
802/25/2010 TRANSCRIPT DATED October 1, 2009 & C.O.S.
902/25/2010 DISK of tra dated 10-1-09
1003/18/2010 TRANSCRIPT DATED October 19, 2009, & C.O.S.
1103/18/2010 DISK-tra (10/19/09) emailed
1203/26/2010 MOT. EXT/TIME APPELLANT BRIEF
1303/26/2010 ACTION BY CLERK. Granted: 04/28/2010
1404/28/2010 APPELLANT BRIEF (E-FILED)
1504/28/2010 E-FILED BRIEF (atb)
1604/28/2010 APPELLANT APPENDIX (E-FILED)
1704/28/2010 E-FILED APPENDIX (ata)
1804/29/2010 Received surcharge for ATB & ATA (Receipt #19475)
1905/06/2010 Received 7 copies of ATB from CSD
2005/06/2010 Received 6 copies of ATA from CSD
2105/18/2010 NOTICE OF ORAL ARGUMENT SENT
2205/26/2010 APPELLEE BRIEF (e-filed)
2305/26/2010 E-FILED BRIEF (AEB)
2405/27/2010 Received $25 surcharge for AEB (Receipt #19656)
2505/28/2010 Received 7 copies of AEB from CSD
2606/22/2010 APPEARANCES: Camille O'Kara Hann; Dann E. Greenwood
2706/22/2010 ARGUED: Hann; Greenwood
2806/22/2010 ORAL ARGUMENT WEBCAST
2907/20/2010 2nd Supplemental Clerk's Certificate of Record dated July 16, 2010 - Entry Nos. 170-182
3008/17/2010 DISPOSITION: AFFIRMED
3108/17/2010 SPLIT OPINION: Sandstrom, Dale V.
3208/17/2010 (CONCURRING IN THE RESULT): Maring, Mary Muehlen: CON/RES
3308/17/2010 Costs on appeal taxed in favor of Appellee
3408/19/2010 Judgment Sent to Parties
3509/20/2010 MANDATE
3609/23/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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