Vanderscoff v. Vanderscoff
David Vanderscoff, Plaintiff and Appellant
Elaine Vanderscoff, Defendant and Appellee
South Central Judicial District,
Judge Donald L. Jorgensen
|Nature of Action:||Divorce/Property Div./Alimony|
|Term:||09/2010  Argument: 09/02/2010|
|ND cite:||2010 ND 202|
790 N.W.2d 470
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I.Did the District Court err when it awarded Elaine additional attorney fees and costs incurred prior to the first appeal?
II.Did the District Court err when it awarded Elaine costs and fees for the first appeal without a motion for costs and fees and without proof of the amount of costs and fees?
III.Did the District Court err when it awarded Elaine costs and fees for bringing the motion for money judgment and for responding to David's motion to vacate without proof of the amount of the costs and fees?
Appellee's Statement of the Issues:
I. The district court did not err when it awarded Elaine the attorney fees and costs incurred by her prior to the first appeal.
II. The district court did not err in holding that the doctrine of res judicata does not apply to bar the granting of Elaine's motion.
III. The district court did not err in failing to require an itemized statement of fees and costs, and David failed to raise that issue in the district court.
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|1||03/17/2010 NOTICE OF APPEAL: 03/15/2010|
|2||03/17/2010 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|3||03/17/2010 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|4||03/17/2010 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.|
|5||04/26/2010 APPELLANT BRIEF|
|6||04/26/2010 APPELLANT APPENDIX|
|7||04/26/2010 DISK - ATB|
|8||04/13/2010 RECORD ON APPEAL and Separates No.177,178,210,and 257 (Not rec'd No.74,110,111,140,147,and 162)|
|9||05/26/2010 APPELLEE BRIEF|
|10||05/26/2010 APPELLEE APPENDIX|
|11||05/26/2010 DISK - aeb (e-mailed)|
|12||07/28/2010 NOTICE OF ORAL ARGUMENT SENT|
|13||08/16/2010 SITTING WITH THE COURT: Foughty, Donovan John|
|14||08/16/2010 SITTING WITH THE COURT: Smith, Kirk|
|15||08/16/2010 SITTING WITH THE COURT: Hagar, Richard L.|
|16||09/02/2010 APPEARANCES: Monte L. Rogneby; Karen L. McBride|
|17||09/02/2010 ARGUED: Rogneby; McBride|
|18||09/02/2010 ORAL ARGUMENT WEBCAST|
|19||10/29/2010 DISPOSITION: AFFIRMED/PT, REVERSED/PT|
|20||10/26/2010 UNANIMOUS OPINION: Maring, Mary Muehlen|
|21||10/26/2010 At Court's direction, no costs will be taxed in this appeal|
|22||11/01/2010 Judgment Sent to Parties|
|24||12/13/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|