Vanderscoff v. Vanderscoff

20100092 David Vanderscoff, Plaintiff and Appellant
v.
Elaine Vanderscoff, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Donald L. Jorgensen
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Robin Ann Schmidt
Appellee: Karen L. McBride
Appellee: David Del Schweigert
Appellant: Monte Lane Rogneby
Term: 09/2010   Argument: 09/02/2010  1:30pm
ND cite: 2010 ND 202
NW cite: 790 N.W.2d 470

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Issues: 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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Docket entries:
103/17/2010 NOTICE OF APPEAL: 03/15/2010
203/17/2010 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
303/17/2010 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
403/17/2010 ANNOUNCED DISQUALIFICATION: VandeWalle, Gerald W.
504/26/2010 APPELLANT BRIEF
604/26/2010 APPELLANT APPENDIX
704/26/2010 DISK - ATB
804/13/2010 RECORD ON APPEAL and Separates No.177,178,210,and 257 (Not rec'd No.74,110,111,140,147,and 162)
905/26/2010 APPELLEE BRIEF
1005/26/2010 APPELLEE APPENDIX
1105/26/2010 DISK - aeb (e-mailed)
1207/28/2010 NOTICE OF ORAL ARGUMENT SENT
1308/16/2010 SITTING WITH THE COURT: Foughty, Donovan John
1408/16/2010 SITTING WITH THE COURT: Smith, Kirk
1508/16/2010 SITTING WITH THE COURT: Hagar, Richard L.
1609/02/2010 APPEARANCES: Monte L. Rogneby; Karen L. McBride
1709/02/2010 ARGUED: Rogneby; McBride
1809/02/2010 ORAL ARGUMENT WEBCAST
1910/29/2010 DISPOSITION: AFFIRMED/PT, REVERSED/PT
2010/26/2010 UNANIMOUS OPINION: Maring, Mary Muehlen
2110/26/2010 At Court's direction, no costs will be taxed in this appeal
2211/01/2010 Judgment Sent to Parties
2311/23/2010 MANDATE
2412/13/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/21/2014