Duff v. Kearns-Duff
David E. Duff, Plaintiff and Appellant
Martha S. Kearns-Duff, Defendant and Appellee
East Central Judicial District,
Judge Douglas R. Herman
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||11/2010  Argument: 11/01/2010|
|ND cite:||2010 ND 247|
792 N.W.2d 916
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Was the decision to award appellee, Martha S. Kearns-Duff, physical custody clearly erroneous?
II. Was the district court's spousal support award clearly erroneous?
A. Was the district court's denial of permanent spousal support supported by its findings of fact?
B. Was the amount of spousal support awarded inadequate?
C. Was the basis for the decision to deny permanent spousal support inadequately articulated?
D. Was the decision to deny permanent spousal support because it would create a disincentive to work contrary to law?
III. Was it reversible error for Martha to be awarded the income tax dependency exemption based upon her income?
Appellee's Statement of the Issues:
I. Was the trial court's decision to award physical custody of the children to Martha clearly erroneous.
II. Was the trial court's spousal support award clearly erroneous.
III. Was it reversible error for Martha to be awarded the income tax dependency exemption based upon her income.
|Add Docket 20100116 RSS|
|1||04/14/2010 NOTICE OF APPEAL: 04/12/2010|
|2||04/14/2010 ORDER FOR TRANSCRIPT: 04/12/2010|
|3||05/10/2010 MOT. EXT/TIME TRANSCRIPT|
|4||05/10/2010 ACTION BY TRIAL COURT. Granted: 07/09/2010|
|5||06/24/2010 TRANSCRIPTS DATED June 26,27,and 28, 2010 & C.O.S. (3 Volumes and 3 Redaction Key Volumes) via mail|
|6||06/24/2010 DISK - rec'd 06/24/2010 (e-mail)|
|7||06/24/2010 ELECTRONIC RECORD ON APPEAL (Entry nos. 1-132)|
|8||08/03/2010 APPELLANT BRIEF (e-filed) PDF|
|9||08/03/2010 E-FILED BRIEF (ATB) PDF|
|10||08/03/2010 APPELLANT APPENDIX (e-filed) PDF|
|11||08/03/2010 E-FILED APPENDIX (ATA) PDF|
|12||08/05/2010 Received $25 e-filing surcharge for ATB (Receipt #19754).|
|13||08/10/2010 Received 7 copies of ATB from Central Duplicating.|
|14||08/10/2010 Received 6 copies of ATA from Central Duplicating.|
|15||09/02/2010 APPELLEE BRIEF (e-filed)|
|16||09/02/2010 E-FILED BRIEF (AEB)|
|17||09/03/2010 Received $25 e-filing surcharge for AEB (Receipt #19799).|
|18||09/14/2010 Rec'd 7 copies of AEB from Central Duplicating.|
|19||09/23/2010 1st Supplemental Clerk's Certificate of Record dated 9/22/10 (entry nos. 135-141)(ELECTRONIC)|
|20||10/15/2010 NOTICE OF ORAL ARGUMENT SENT|
|21||11/01/2010 APPEARANCES: Robert J. Schultz; James R. Brothers|
|22||11/01/2010 ARGUED: Robert J. Schultz; James R. Brothers|
|23||11/01/2010 ORAL ARGUMENT WEBCAST|
|24||12/21/2010 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT|
|25||12/21/2010 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|26||12/21/2010 At Court's direction, no costs will be taxed in this appeal|
|27||12/23/2010 Judgment Sent to Parties|
|29||01/24/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|