Duff v. Kearns-Duff

20100116 David E. Duff, Plaintiff and Appellant
v.
Martha S. Kearns-Duff, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Robert John Schultz
Appellee: James R. Brothers
Term: 11/2010   Argument: 11/01/2010  9:00am
ND cite: 2010 ND 247
NW cite: 792 N.W.2d 916

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Issues: 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.

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Docket entries:
104/14/2010 NOTICE OF APPEAL: 04/12/2010
204/14/2010 ORDER FOR TRANSCRIPT: 04/12/2010
305/10/2010 MOT. EXT/TIME TRANSCRIPT
405/10/2010 ACTION BY TRIAL COURT. Granted: 07/09/2010
506/24/2010 TRANSCRIPTS DATED June 26,27,and 28, 2010 & C.O.S. (3 Volumes and 3 Redaction Key Volumes) via mail
606/24/2010 DISK - rec'd 06/24/2010 (e-mail)
706/24/2010 ELECTRONIC RECORD ON APPEAL (Entry nos. 1-132)
808/03/2010 APPELLANT BRIEF (e-filed) PDF
908/03/2010 E-FILED BRIEF (ATB) PDF
1008/03/2010 APPELLANT APPENDIX (e-filed) PDF
1108/03/2010 E-FILED APPENDIX (ATA) PDF
1208/05/2010 Received $25 e-filing surcharge for ATB (Receipt #19754).
1308/10/2010 Received 7 copies of ATB from Central Duplicating.
1408/10/2010 Received 6 copies of ATA from Central Duplicating.
1509/02/2010 APPELLEE BRIEF (e-filed)
1609/02/2010 E-FILED BRIEF (AEB)
1709/03/2010 Received $25 e-filing surcharge for AEB (Receipt #19799).
1809/14/2010 Rec'd 7 copies of AEB from Central Duplicating.
1909/23/2010 1st Supplemental Clerk's Certificate of Record dated 9/22/10 (entry nos. 135-141)(ELECTRONIC)
2010/15/2010 NOTICE OF ORAL ARGUMENT SENT
2111/01/2010 APPEARANCES: Robert J. Schultz; James R. Brothers
2211/01/2010 ARGUED: Robert J. Schultz; James R. Brothers
2311/01/2010 ORAL ARGUMENT WEBCAST
2412/21/2010 DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
2512/21/2010 UNANIMOUS OPINION: VandeWalle, Gerald W.
2612/21/2010 At Court's direction, no costs will be taxed in this appeal
2712/23/2010 Judgment Sent to Parties
2801/17/2011 MANDATE
2901/24/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/21/2014