Duff v. Kearns-Duff
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| 20100116 |
David E. Duff, Plaintiff and Appellant
v.
Martha S. Kearns-Duff, Defendant and Appellee
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Douglas R. Herman |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
11/2010 Argument: 11/01/2010 09:00am
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| ND cite: |
2010 ND 247
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| NW cite: |
792 N.W.2d 916
Listen to recording of oral argument
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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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| 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 |
| 28 | | 01/17/2011 | |
MANDATE |
| 29 | | 01/24/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |