Pember v. Shapiro

20100149 Dale E. Pember, Plaintiff, Appellant and Cross-Appellee
v.
Lauren R. Shapiro, Defendant, Appellee and Cross-Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Robert John Schultz
Appellee: Timothy John McLarnan
Term: 12/2010   Argument: 12/07/2010  9:00am
ND cite: 2011 ND 31
NW cite: 794 N.W.2d 435

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Was the decision to award Lauren sole physical custody of the parties' minor children clearly erroneous?
A. Was the trial court's conclusion that factor h favored neither party clearly erroneous?
B. Was the trial court's conclusion that factor k favored Lauren clearly erroneous?
II. Did the trial court err as a matter of law in relying upon section 14-09-07 of the North Dakota Century Code in an initial custody proceeding?
III. Did the district court err in limiting the downward adjustment in child support for extended visitation to the period of time the extended visitation occurs?
IV. Did the trial court incorrectly calculate Dale's child support obligation?
V. Did the trial court commit reversible error in failing to award a deviation in the guidelines as a result of travel expense Dale will incur exercising visitation?

Appellee's Statement of the Issues:
I. Whether the trial court erred as a matter of law in the division of debts and assets of the parties.
A. Whether the trial court erred in excluding from division debts owed by Lauren Shapiro to her mother.
B. Whether the trial court erred in not equitably considering the extent of Lauren 's pre-marital assets and Dale's spending of marital assets during the pendency of the divorce.
C. Whether the trial court erred in invalidating the prenuptial agreement.

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Docket entries:
105/18/2010 NOTICE OF APPEAL: 05/14/2010
205/18/2010 ORDER FOR TRANSCRIPT: 05/14/2010
305/26/2010 2nd NOTICE OF APPEAL dated May 21, 2010 in trial court
405/28/2010 NOTICE OF CROSS APPEAL filed in the trial court May 26, 2010.
506/07/2010 Acknowledgment of Order for Transcript and Retention of Record on Appeal: 07/03/2010
606/24/2010 MOT. EXT/TIME TRANSCRIPT
706/24/2010 ACTION BY TRIAL COURT (MTR). Granted: 08/12/2010
808/06/2010 DISK - TRA (11-18-09, 11-19-09, 11-20-09, & 12-16-09) e-mail
908/09/2010 TRANSCRIPT DATED 11-18-09, 11-19-09, 11-20-09, & 12-16-09 & C.O.S.
1008/24/2010 ELECTRONIC RECORD ON APPEAL
1109/16/2010 APPELLANT BRIEF (e-filed) PDF
1209/16/2010 E-FILED BRIEF (ATB) PDF
1309/16/2010 APPELLANT APPENDIX (e-filed) PDF
1409/16/2010 E-FILED APPENDIX (ATA) PDF
1509/20/2010 Received $25 e-filing surcharge (Receipt #19968).
1609/26/2010 Received 7 copies of ATB from Central Duplicating.
1709/29/2010 Received 6 copies of ATA from Central Duplicating.
1810/15/2010 APPELLEE BRIEF (e-filed)
1910/15/2010 E-FILED BRIEF (AEB)
2010/18/2010 Received $25 surcharge for AEB (Receipt #20018)
2110/20/2010 Received 7 copies of AEB from CSD
2211/01/2010 REPLY BRIEF (e-filed)
2311/01/2010 E-FILED BRIEF (RYB)
2411/02/2010 Received 7 cc of RYB from Central Duplicating
2511/15/2010 NOTICE OF ORAL ARGUMENT SENT
2612/07/2010 APPEARANCES: Robert J. Schultz; Timothy J. McLarnan
2712/07/2010 ARGUED: Robert J. Schultz; Timothy J. McLarnan
2812/07/2010 ORAL ARGUMENT WEBCAST
2902/08/2011 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
3002/08/2011 UNANIMOUS OPINION: Sandstrom, Dale V.
3102/08/2011 At Court's direction, no costs will be taxed in this appeal.
3202/09/2011 Judgment Sent to Parties
3303/02/2011 MANDATE
3403/04/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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