Smith v. Martinez
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| 20100309 |
Dominique L. Smith, Plaintiff and Appellant
v.
Angie Abigail Martinez, Defendant and Appellee
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
03/2011 Argument: 03/31/2011 02:45pm
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| ND cite: |
2011 ND 132
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| NW cite: |
800 N.W.2d 304
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Should the district court's Memorandum Decision, Findings of Fact, Conclusions of Law, and Order for Judgment, Dated July 15, 2010; and the Judgment subsequently entered on August 23, 2010, be overturned?
Appellee's Statement of the Issues:
I. Whether the District Court committed reversible error in its application and analysis of the domestic violence factor with regard to the best interests of the child as set forth in N.D.C.C. 14-09-06.2(1)(j).
II. Whether the District Court's findings of fact and conclusions of law in the best interests of the child analysis with regard to N.D.C.C. 14-09-06.2(1) are clearly erroneous and not supported by the evidence.
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| 1 | | 09/20/2010 | |
NOTICE OF APPEAL: 09/16/2010 |
| 2 | | 09/20/2010 | |
ORDER FOR TRANSCRIPT: 09/16/2010 |
| 3 | | 09/22/2010 | |
RETENTION OF RECORD ON APPEAL: 11/05/2010 |
| 4 | | 11/08/2010 | |
TRANSCRIPTS DATED 1-13-10,3-3-10(copy only, orig. is part of ROA),5-17-10, |
| 5 | | 11/08/2010 | |
5-26-10 vol.1,5-26-10 vol.2 & COS |
| 6 | | 11/08/2010 | |
DISK - TRA'S (e-mail) (1-13-10,3-10-10,5-17-10,5-26-10) |
| 7 | | 11/16/2010 | |
RECORD ON APPEAL (electronic 1-118) |
| 8 | | 12/01/2010 | |
1st Supplemental Clerk's Certificate of Record (entry no. 120) |
| 9 | | 12/20/2010 | |
APPELLANT BRIEF |
| 10 | | 12/28/2010 | |
Bethany Dittus substituted for Kristen Pettit as AE counsel (notice filed 11/19/10 with dist. ct.) |
| 11 | | 12/30/2010 | |
Rec'd $125.00 filing fee. (receipt no. 20116) |
| 12 | | 01/03/2011 | |
APPELLANT APPENDIX |
| 13 | | 01/20/2011 | |
APPELLEE BRIEF (e-filed) |
| 14 | | 01/20/2011 | |
E-FILED BRIEF (AEB) |
| 15 | | 01/24/2011 | |
Received $25 surcharge for AEB (Receipt #20150) |
| 16 | | 01/25/2011 | |
Received 7 copies of AEB from CSD |
| 17 | | 01/25/2011 | |
Copy of Judge Medd's Order for Correction of Record dated 1-14-11 (ordered to supplement Record |
| 18 | | 01/25/2011 | |
with the Record in Grand Forks Co. No. 09-R-302) |
| 19 | | 01/26/2011 | |
DISK of ATB (CD) - corrected |
| 20 | | 01/26/2011 | |
Received 8 copies of page 3 for the ATB |
| 21 | | 02/15/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 22 | | 03/31/2011 | |
APPEARANCES: Theodore T. Sandberg; Bethany L. Dittus |
| 23 | | 03/31/2011 | |
ARGUED: Sandberg; Dittus |
| 24 | | 03/31/2011 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 07/13/2011 | |
DISPOSITION: REVERSED AND REMANDED |
| 26 | | 07/13/2011 | |
SPLIT OPINION: Kapsner, Carol Ronning |
| 27 | | 07/13/2011 | |
(CONCURRING IN THE RESULT): Sandstrom, Dale V.: CON/RES |
| 28 | | 07/13/2011 | |
Costs on Appeal taxed in favor of Appellant |
| 29 | | 07/14/2011 | |
Judgment Sent to Parties |
| 30 | | 08/09/2011 | |
MANDATE |
| 31 | | 08/12/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |