Wolt v. Wolt
Kathy Wolt, Plaintiff and Appellee
Steve Wolt, Defendant and Appellant
South Central Judicial District,
Judge Gail Hagerty
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||01/2011  Argument: 01/13/2011 1:30pm|
|ND cite:||2011 ND 170|
803 N.W.2d 534
Listen to recording of oral argument in MP3 format
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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|1||09/14/2010||NOTICE OF APPEAL: 09/10/2010|
|2||09/14/2010||ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.|
|3||10/05/2010||RECORD ON APPEAL (3 volumes) & Separates, which include exhibits and transcripts (2)|
|6||10/14/2010||DISK - ATB|
|7||11/09/2010||MOT. EXT/TIME APPELLEE BRIEF (e-mailed Letter dated 11-9-10)|
|8||11/09/2010||E-FILED MOTION (MAE)|
|9||11/09/2010||ACTION BY CLERK (MAE). Granted: 11/24/2010|
|10||11/24/2010||APPELLEE BRIEF (e-file)|
|11||11/24/2010||E-FILED BRIEF (AEB)|
|12||11/24/2010||MOTION and Affidavit for Attorney's Costs|
|13||11/24/2010||ANNOUNCED DISQUALIFICATION: Crothers, Daniel John|
|14||11/26/2010||Rec'd $25.00 AEB electronic filing fee. (receipt no. 20073)|
|15||11/29/2010||Rec'd 7 copies of AEB back from Central Duplicating.|
|16||12/13/2010||NOTICE OF ORAL ARGUMENT SENT|
|17||12/17/2010||SITTING WITH THE COURT: Dawson, Georgia|
|18||12/20/2010||SITTING WITH THE COURT: Olson, Everett Nels|
|19||01/13/2011||APPEARANCES: Justin Hager/Suzanne Schweigert|
|21||01/13/2011||ORAL ARGUMENT WEBCAST|
|22||08/26/2011||ACTION BY SUPREME COURT (Motion for attorney costs). Denied|
|23||08/26/2011||DISPOSITION (Affirmed in part, Reversed in part, and Remanded): AFFIRMED/PT, REVERSED/PT|
|24||08/26/2011||UNANIMOUS OPINION: VandeWalle, Gerald W.|
|25||08/26/2011||Neither party have and recover costs and disbursements in this appeal|
|26||08/29/2011||Judgment Sent to Parties|
|28||09/22/2011||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|