Kelly v. Kelly

20100388 Richard K. Kelly, Plaintiff and Appellee
v.
Karol L. Kelly, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Sonna M. Anderson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Christopher Eric Rausch
Appellee: Thomas D. Kelsch
Term: 06/2011   Argument: 06/06/2011  11:00am
ND cite: 2011 ND 167
NW cite: 806 N.W.2d 133

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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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Docket entries:
112/10/2010 NOTICE OF APPEAL: 12/08/2010
212/21/2010 Notice of Appearance by Christopher E. Rausch.
312/22/2010 MOT. EXT/TIME APPELLANT BRIEF
412/22/2010 E-FILED MOTION
512/23/2010 ACTION BY CLERK (40 days after the filing of the transcript). Granted
612/27/2010 ORDER FOR TRANSCRIPT: 12/08/2010
712/27/2010 STATEMENT: OTR not filed with NOA, then incorrecly first filed with court reporter instead of
812/27/2010 of district court
912/30/2010 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL: 01/27/2011
1001/20/2011 TRANSCRIPT DATED JANUARY 12, 2010, JANUARY 13, 2010 AND JANUARY 14, 2010 & C.O.S.
1101/20/2011 DISK-TRA (1/12/10, 1/13/10 & 1/14/10) E-MAILED
1201/26/2011 RECORD ON APPEAL
1302/04/2011 1st Supplemental Clerk's Certificate of Record (entry nos. 206 - 214)
1402/11/2011 MOTION FOR STAY & WAIVER OF BOND REQUIREMENT. RspDue: 02/22/2011
1502/23/2011 Response Filed to MOtion for Stay and Waiver of Bond Requirement
1602/23/2011 EFILED RESPONSE to MOtion for Stay and Waiver of Bond Requirement
1703/01/2011 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1803/01/2011 APPELLANT BRIEF
1903/01/2011 APPELLANT APPENDIX
2003/01/2011 DISK - atb (CD-ROM)
2103/02/2011 ACTION BY SUPREME COURT (Motion for Stay & Waiver of Bond Requirements). Denied
2203/30/2011 MOT. EXT/TIME APPELLEE BRIEF
2303/31/2011 ACTION BY CLERK (MAE). Granted: 04/18/2011
2404/18/2011 NOTICE OF ORAL ARGUMENT SENT (see folder)
2504/18/2011 APPELLEE BRIEF
2604/18/2011 DISK-AEB (E-MAILED)
2704/29/2011 MOTION TO POSTPONE ORAL ARGUMENT
2805/02/2011 ACTION BY SUPREME COURT. Granted
2905/02/2011 REPLY BRIEF
3005/05/2011 DISK - RYB (e-mail)
3105/20/2011 NOTICE OF ORAL ARGUMENT SENT
3205/25/2011 Judge McLees was originally going to sit in May, but is unable to do so in June
3305/31/2011 SITTING WITH THE COURT: Graff, Benny A.
3406/06/2011 APPEARANCES: Christopher E. Rausch; Thomas D. Kelsch
3506/06/2011 ARGUED: Christopher E. Rausch; Thomas D. Kelsch
3606/06/2011 ORAL ARGUMENT WEBCAST
3708/22/2011 DISPOSITION (Remanded): AFFIRMED
3808/22/2011 UNANIMOUS OPINION: Sandstrom, Dale V.
3908/22/2011 Costs on appeal taxed in favor of Appellee
4008/26/2011 Judgment Sent to Parties
4109/14/2011 MANDATE
4209/19/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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