Crandall v. Crandall

20100402

Heidi Jo Crandall, Plaintiff, Appellee
and Cross-Appellant
v.
Chad Von Crandall, Defendant, Appellant
and Cross-Appellee

Appeal from:

District Court, Southeast Judicial District, Sargent County
Judge Mikal Simonson

Nature of Action:

Child Cust & Support (Div.\other)

Counsel:

Appellant:		Tracey Rae Lindberg
Appellee:		Erica Leigh Chisholm

Term:

05/2011 Argument: 05/05/2011 02:45pm

ND cite:

2011 ND 136

NW cite:

799 N.W.2d 388

Listen to recording of oral argument
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Issues:

Appellant's Statement of the Issues:
1. Whether the trial court erred in awarding child support to the parent who did not receive primary residential responsibility.
2. Whether the trial court erred in failing to award child support to the parent awarded primary residential responsibility.
3. Whether the trial court erred in arriving at its child support calculations by failing to provide adequate findings of net income, and the method by which it was determined.
4. Whether the trial court erred in the distribution of the marital estate.

Appellee's Statement of the Issues:
1. Whether the trial court erred as a matter of law when it required Appellant to pay to Appellee child support as and for the support of the parties' minor children.
2. Whether the trial court erred in the distribution of the marital estate when it failed to include Appellee's 401(k) and included an alleged life insurance policy owned by Cross-Appellant.
3. Whether the trial court's Findings were conflicting and substantiated by facts or evidence.

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Docket entries:

1	12/22/2010	MOTION FOR Stay
2	12/22/2010	E-FILED MOTION
3	12/22/2010	Appendix to Motion to Stay
4	12/23/2010	ACTION BY SUPREME COURT. Denied
5	12/23/2010	Order/Judgment Sent to Parties
6	12/23/2010	STATEMENT: The Court directed no extensions of time for briefing or transcripts will be granted
7	12/23/2010	NOTICE OF APPEAL: 12/20/2010
8	12/23/2010	ORDER FOR TRANSCRIPT: 12/20/2010
9	12/23/2010	Acknowledgment of OTR
10	01/17/2011	ELECTRONIC RECORD ON APPEAL (entry nos. 1-155)
11	02/04/2011	TRANSCRIPTS DATED September 10, 2010 & September 13, 2010 (2 vols) & C.O.S.
12	02/09/2011	DISK - TRA (9/10/10 & 9/13/10) (e-mailed)
13	02/14/2011	Received copies of transcripts dated 9/10/10 & 9/13/10.
14	02/17/2011	NOTICE OF CROSS APPEAL
15	02/28/2011	APPELLANT BRIEF (E-filed)
16	02/28/2011	E-FILED BRIEF (ATB)
17	02/28/2011	APPELLANT APPENDIX (E-filed)
18	02/28/2011	E-FILED APPENDIX (ATA)
19	03/01/2011	Received $25 surcharge for ATB (Receipt #20199)
20	03/09/2011	Received 7 copies of ATB from CSD
21	03/09/2011	Received 6 copies of ATA from CSD
22	03/21/2011	1st Supplemental Electronic Clerk's Certificate of Appeal (entry nos. 156 - 166)
23	03/29/2011	APPELLEE BRIEF (filed w/errors, substantive changes necessary) )
24	03/30/2011	Rec'd $25.00 AEB e-file surcharge. (receipt no. 20238)
25	04/08/2011	APPELLEE BRIEF (e-mailed)
26	04/08/2011	E-FILED BRIEF - AEB
27	04/11/2011	Rec'd 7 copies of AEB back from Central Duplicating.
28	04/15/2011	REPLY BRIEF
29	04/15/2011	E-FILED BRIEF - RYB
30	04/18/2011	NOTICE OF ORAL ARGUMENT SENT (see folder)
31	04/19/2011	Received 7 copies of RYB from Central Duplicating.
32	05/05/2011	APPEARANCES: Tracey R. Lindberg; Erica L. Chisholm
33	05/05/2011	ARGUED: Tracey R. Lindberg; Erica L. Chisholm
34	05/05/2011	ORAL ARGUMENT WEBCAST
35	07/13/2011	DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT
36	07/13/2011	SPLIT OPINION: Crothers, Daniel John
37	07/13/2011	(CONCURRING IN PART AND DISSENTING IN PART): Maring, Mary Muehlen: CON/DIS
38	07/13/2011	Costs on Appeal taxed in favor of Appellant
39	07/15/2011	Judgment Sent to Parties
40	08/09/2011	MANDATE
41	08/15/2011	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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