Wolt v. Wolt

20100294 Kathy Wolt, Plaintiff and Appellee
v.
Steve Wolt, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail Hagerty
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Justin Dale Hager
Appellee: Suzanne Marie Schweigert
Appellee: Stacy Mae Moldenhauer
Term: 01/2011   Argument: 01/13/2011  1:30pm
ND cite: 2011 ND 170
NW cite: 803 N.W.2d 534

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
A. Did the trial court err as a matter of law in failing to allow an evidentiary hearing in this matter?
B. Did the trial court err as a matter of law in failing to allow a requested motion hearing?
C. Did the trial court err as a matter of law in sanctioning the appellant for brining his motions in the lower court?
D. Did the trial court err as a matter of law in failing to allow relief from the original order based upon N.D.R.Civ.P. Rule 60?

Appellee's Statement of the Issues:
A. The District Court did not err as a matter of law when it denied Steve's request for an evidentiary hearing because Steve failed to establish a prima facia case entitling him to an evidentiary hearing.
B. The District Court did not err when it denied Steve's request for a hearing on his Motion to Modify Judgment regarding parenting time.
C. The District Court properly awarded Kathy $1,000 in attorney's fees as a sanction for Steve bringing a frivolous motion.
D. The District Court properly denied Steve's Motion for Rule 60(b) Relief because no grounds exist to entitle Steve to Relief from Judgment.
E. Kathy is entitled to her attorney's fees for having to respond to this appeal.

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Docket entries:
109/14/2010 NOTICE OF APPEAL: 09/10/2010
209/14/2010 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
310/05/2010 RECORD ON APPEAL (3 volumes) & Separates, which include exhibits and transcripts (2)
410/14/2010 APPELLANT BRIEF
510/14/2010 APPELLANT APPENDIX
610/14/2010 DISK - ATB
711/09/2010 MOT. EXT/TIME APPELLEE BRIEF (e-mailed Letter dated 11-9-10)
811/09/2010 E-FILED MOTION (MAE)
911/09/2010 ACTION BY CLERK (MAE). Granted: 11/24/2010
1011/24/2010 APPELLEE BRIEF (e-file)
1111/24/2010 E-FILED BRIEF (AEB)
1211/24/2010 MOTION and Affidavit for Attorney's Costs
1311/24/2010 ANNOUNCED DISQUALIFICATION: Crothers, Daniel John
1411/26/2010 Rec'd $25.00 AEB electronic filing fee. (receipt no. 20073)
1511/29/2010 Rec'd 7 copies of AEB back from Central Duplicating.
1612/13/2010 NOTICE OF ORAL ARGUMENT SENT
1712/17/2010 SITTING WITH THE COURT: Dawson, Georgia
1812/20/2010 SITTING WITH THE COURT: Olson, Everett Nels
1901/13/2011 APPEARANCES: Justin Hager/Suzanne Schweigert
2001/13/2011 ARGUED: Hager/Schweigert
2101/13/2011 ORAL ARGUMENT WEBCAST
2208/26/2011 ACTION BY SUPREME COURT (Motion for attorney costs). Denied
2308/26/2011 DISPOSITION (Affirmed in part, Reversed in part, and Remanded): AFFIRMED/PT, REVERSED/PT
2408/26/2011 UNANIMOUS OPINION: VandeWalle, Gerald W.
2508/26/2011 Neither party have and recover costs and disbursements in this appeal
2608/29/2011 Judgment Sent to Parties
2709/19/2011 MANDATE
2809/22/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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