Kelly v. Kelly
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| 20100388 |
Richard K. Kelly, Plaintiff and Appellee
v.
Karol L. Kelly, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Sonna M. Anderson |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
06/2011 Argument: 06/06/2011 11:00am
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| ND cite: |
2011 ND 167
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| NW cite: |
806 N.W.2d 133
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the district court erred when it found it had subject matter jurisdiction over the custody and parenting responsibilities of the parties' minor child.
II. Whether the district court erred when it imposed a 5-year restraint on Karol Kelly's ability to work in the insurance industry when the court lacked jurisdiction and such restraints are void under North Dakota law.
III. Whether the district court erred when it ordered Karol Kelly to pay $40,000 as a sanction for attorney fees for actions before the tribal court when it had no evidence on Richard Kelly's fees relating to the tribal court action, and ordered
that the entire amount be paid in 90 days.
Appellee's Statement of the Issues:
I.Whether the district court erred when it found it had subject matter jurisdiction over the custody and parenting responsibilities of the parties' minor child.
II.Whether the district court erred when it ordered Karol not to have any contact with Kelly Insurance clients and insurance carriers doing business with Kelly Insurance for a 5-year restraining period.
III.Whether the district court erred when it ordered Karol Kelly to pay $40,000 as a sanction for attorney fees for failure to cooperate in preceding actions before the tribal court and ordered that the fee was to be paid in 90 days.
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| 1 | | 12/10/2010 | |
NOTICE OF APPEAL: 12/08/2010 |
| 2 | | 12/21/2010 | |
Notice of Appearance by Christopher E. Rausch. |
| 3 | | 12/22/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 4 | | 12/22/2010 | |
E-FILED MOTION |
| 5 | | 12/23/2010 | |
ACTION BY CLERK (40 days after the filing of the transcript). Granted |
| 6 | | 12/27/2010 | |
ORDER FOR TRANSCRIPT: 12/08/2010 |
| 7 | | 12/27/2010 | |
STATEMENT: OTR not filed with NOA, then incorrecly first filed with court reporter instead of |
| 8 | | 12/27/2010 | |
of district court |
| 9 | | 12/30/2010 | |
Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 01/27/2011 |
| 10 | | 01/20/2011 | |
TRANSCRIPT DATED JANUARY 12, 2010, JANUARY 13, 2010 AND JANUARY 14, 2010 & C.O.S. |
| 11 | | 01/20/2011 | |
DISK-TRA (1/12/10, 1/13/10 & 1/14/10) E-MAILED |
| 12 | | 01/26/2011 | |
RECORD ON APPEAL |
| 13 | | 02/04/2011 | |
1st Supplemental Clerk's Certificate of Record (entry nos. 206 - 214) |
| 14 | | 02/11/2011 | |
MOTION FOR STAY & WAIVER OF BOND REQUIREMENT. RspDue: 02/22/2011 |
| 15 | | 02/23/2011 | |
Response Filed to MOtion for Stay and Waiver of Bond Requirement |
| 16 | | 02/23/2011 | |
EFILED RESPONSE to MOtion for Stay and Waiver of Bond Requirement |
| 17 | | 03/01/2011 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 18 | | 03/01/2011 | |
APPELLANT BRIEF |
| 19 | | 03/01/2011 | |
APPELLANT APPENDIX |
| 20 | | 03/01/2011 | |
DISK - atb (CD-ROM) |
| 21 | | 03/02/2011 | |
ACTION BY SUPREME COURT (Motion for Stay & Waiver of Bond Requirements). Denied |
| 22 | | 03/30/2011 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 23 | | 03/31/2011 | |
ACTION BY CLERK (MAE). Granted: 04/18/2011 |
| 24 | | 04/18/2011 | |
NOTICE OF ORAL ARGUMENT SENT (see folder) |
| 25 | | 04/18/2011 | |
APPELLEE BRIEF |
| 26 | | 04/18/2011 | |
DISK-AEB (E-MAILED) |
| 27 | | 04/29/2011 | |
MOTION TO POSTPONE ORAL ARGUMENT |
| 28 | | 05/02/2011 | |
ACTION BY SUPREME COURT. Granted |
| 29 | | 05/02/2011 | |
REPLY BRIEF |
| 30 | | 05/05/2011 | |
DISK - RYB (e-mail) |
| 31 | | 05/20/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 32 | | 05/25/2011 | |
Judge McLees was originally going to sit in May, but is unable to do so in June |
| 33 | | 05/31/2011 | |
SITTING WITH THE COURT: Graff, Benny A. |
| 34 | | 06/06/2011 | |
APPEARANCES: Christopher E. Rausch; Thomas D. Kelsch |
| 35 | | 06/06/2011 | |
ARGUED: Christopher E. Rausch; Thomas D. Kelsch |
| 36 | | 06/06/2011 | |
ORAL ARGUMENT WEBCAST |
| 37 | | 08/22/2011 | |
DISPOSITION (Remanded): AFFIRMED |
| 38 | | 08/22/2011 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 39 | | 08/22/2011 | |
Costs on appeal taxed in favor of Appellee |
| 40 | | 08/26/2011 | |
Judgment Sent to Parties |
| 41 | | 09/14/2011 | |
MANDATE |
| 42 | | 09/19/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |