Flemming v. Flemming

20100041 Amanda Flemming, Plaintiff and Appellee
v.
Kendel Flemming, Defendant and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Richard L. Hagar
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Pro se
Appellee: Richard Roy LeMay
Term: 09/2010   Argument: 09/15/2010  2:45pm
ND cite: 2010 ND 212
NW cite: 790 N.W.2d 762

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the district court abused its power when it gave the Appellee the power to decide when the appellant would be allowed parenting time with their minor children?
II. Whether the district court followed the Ruff-Fischer guidelines when it warranted the respondent all of the marital property?

Appellee's Statement of the Issues:
I. Whether a defendant may appeal a default judgment in a divorce action where he has not exercised postjudgment statutory hearings open to him.
II. Whether the district court erred in allowing Amanda Flemming sole discretion to determine Kendel Flemming's visitation where the court failed to inform the parents of their parental rights and failed to issue a parenting plan when the parents had not come to an agreement on one.
III. Whether the district court was clearly erroneous where it failed to follow the Ruff-Fischer guidelines in its assignment of the marital property and failed to find that Amanda Flemming had not disclosed all marital property.

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Docket entries:
102/03/2010 NOTICE OF APPEAL: 02/02/2010
202/03/2010 ORDER FOR TRANSCRIPT: 02/02/2010
303/03/2010 RECORD ON APPEAL & Separates 10-13 (Exhibits)
403/09/2010 TRANSCRIPT DATED December 31, 2009 & C.O.S.
503/09/2010 DISK - tra (12/31/09) (e-mailed)
603/10/2010 1st Supplemental Clerk's Certificate dated 3-9-10 (Entry Nos. 33-36)
704/08/2010 MOT. EXT/TIME APPELLANT BRIEF
804/08/2010 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 05/18/2010
905/10/2010 APPELLANT BRIEF & ADDENDUM (scanned)
1005/10/2010 APPELLANT APPENDIX
1105/18/2010 Received 8 copies of T.O.C. for ATA.
1205/18/2010 DISK NONCOMPLIANCE (ATB)
1305/19/2010 MOTION TO DISMISS (E-FILED). RspDue: 06/04/2010
1405/19/2010 E-FILED MOTION (MOT. TO DISMISS)
1506/01/2010 Response to Plaintiff's Motion to Dismiss
1606/02/2010 ACTION BY SUPREME COURT (Mot. to Dismiss denied, but pages 20-26 are stricken in Appendix stricken. Denied
1706/23/2010 MOT. EXT/TIME APPELLEE BRIEF
1806/23/2010 E-FILED MOTION
1906/24/2010 ACTION BY CHIEF JUSTICE (MAE). Granted: 07/14/2010
2006/29/2010 Response Filed to Mot. Ext. of Time to File Appellee's Brief
2106/30/2010 ACTION BY CHIEF JUSTICE (Response to Mot. for Ext. of Time to File AE) previous ext. adhered to.
2207/13/2010 APPELLEE BRIEF
2307/13/2010 APPELLEE APPENDIX
2407/13/2010 DISK (AEB) e-mailed
2507/13/2010 Received written consent of client & attorney.
2607/27/2010 MOT. EXT/TIME REPLY BRIEF
2707/27/2010 ACTION BY DEPUTY CLERK FOR CLERK. Granted: 08/16/2010
2807/28/2010 NOTICE OF ORAL ARGUMENT SENT
2908/09/2010 REPLY BRIEF w/ attached Addendum (scanned)
3008/09/2010 Appendix for Appellant's Reply Brief
3108/09/2010 DISK NONCOMPLIANCE (RYB)
3208/17/2010 MOTION FOR Order for Transport
3308/17/2010 ACTION BY CHIEF JUSTICE. Denied
3409/15/2010 APPEARANCES: Kendel D. Flemming; Richard R. LeMay and Jordan T. Moe, Third-Year Student
3509/15/2010 ARGUED: Flemming; Moe
3609/15/2010 ORAL ARGUMENT WEBCAST
3711/09/2010 DISPOSITION: DISMISSED
3811/09/2010 UNANIMOUS OPINION: Kapsner, Carol Ronning
3911/09/2010 Costs on appeal taxed in favor of Appellee.
4011/10/2010 Judgment Sent to Parties
4112/01/2010 MANDATE
4211/03/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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