Haroldson v. Haroldson
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| 20110149 |
Marty R. Haroldson, Plaintiff, Appellant
and Cross-Appellee
v.
Heidi S. Haroldson, n/k/a
Heidi S. Klein, Defendant, Appellee
and Cross-Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Morton County
Judge David E. Reich |
|
Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
11/2011 Argument: 11/28/2011 10:45am
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| ND cite: |
2012 ND 44
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| NW cite: |
813 N.W.2d 539
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1.The Trial Court erred by modifying a clear and unambiguous judgment.
2.The Trial Court erred by allowing parol evidence and settlement discussions.
3.The Trial Court erred by unilaterally modifying the judgment.
4.Neither the facts nor the judgment violated public policy.
5.The judgment language precluded modification of primary residential responsibility.
6.The Trial Court erred by not granting the Plaintiff primary residential responsibility.
7.The Trial Court erred in calculating the Plaintiff's child support obligation.
Reply Brief Issues:
1. Misstatement of facts
2. Misstatement of the law and arguments
3. The trial court did not err when it concluded that Heidi had not met her burden of showing a change primary residential responsibility
Appellee's Statement of the Issues:
1. Did the Court err when it concluded the residential responsibility and child support provisions of the parties' Marriage Dissolution Agreement and the Judgment based on that agreement were void for being against public policy?
2. Did the Court err when it found that it was in the childrens' best interests to award Heidi Primary Residential Responsibility?
3. Did the Trial Court err in calculating Marty's child support obligation?
4. Did the Court error when it concluded that Heidi had not met her burden of showing a change of Primary Residential Responsibility?
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| 1 | | 05/18/2011 | |
NOTICE OF APPEAL: 05/13/2011 |
| 2 | | 05/18/2011 | |
ORDER FOR TRANSCRIPT: 05/13/2011 |
| 3 | | 05/18/2011 | |
RETENTION OF RECORD ON APPEAL: 07/02/2011 |
| 4 | | 06/28/2011 | |
NOTICE OF CROSS APPEAL, filed in trial court on 6/28/11 |
| 5 | | 06/28/2011 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 6 | | 07/05/2011 | |
TRANSCRIPT DATED JANUARY 24, 2011, & C.O.S. |
| 7 | | 07/05/2011 | |
DISK-TRA (1/24/11) E-MAILED |
| 8 | | 07/15/2011 | |
ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 83) |
| 9 | | 08/12/2011 | |
APPELLANT BRIEF |
| 10 | | 08/12/2011 | |
APPELLANT APPENDIX |
| 11 | | 08/12/2011 | |
DISK-ATB (E-MAILED) |
| 12 | | 09/12/2011 | |
APPELLEE BRIEF (e-filed) |
| 13 | | 09/12/2011 | |
E-FILED BRIEF (AEB) |
| 14 | | 09/13/2011 | |
Received $25 surcharge for AEB (Receipt #20658) |
| 15 | | 09/14/2011 | |
Rec'd 7 copies of the AEB from CSD |
| 16 | | 09/26/2011 | |
REPLY BRIEF of Appellant |
| 17 | | 09/26/2011 | |
Supplemental Appendix to Reply Brief |
| 18 | | 09/26/2011 | |
DISK - ryb (e-mailed) |
| 19 | | 10/06/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 20 | | 10/10/2011 | |
REPLY BRIEF of Cross-Appellant (e-filed) |
| 21 | | 10/10/2011 | |
E-FILED BRIEF (RYB of Cross-Appellant) |
| 22 | | 10/13/2011 | |
Received 7 copies of RYB of Cross-Appellant |
| 23 | | 10/24/2011 | |
SITTING WITH THE COURT: McClintock, Jr., John C. |
| 24 | | 11/28/2011 | |
APPEARANCES: Daniel H. Oster/Monte L. Rogneby |
| 25 | | 11/28/2011 | |
ARGUED: Oster/Rogneby |
| 26 | | 11/28/2011 | |
ORAL ARGUMENT WEBCAST |
| 27 | | 02/27/2012 | |
DISPOSITION (and Remanded): AFFIRMED/PT, REVERSED/PT |
| 28 | | 02/27/2012 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 29 | | 02/27/2012 | |
Concur in the result: Sandstrom, Dale V.: CON/RES |
| 30 | | 02/27/2012 | |
That neither party have and recover costs and disbursements in this appeal. |
| 31 | | 02/28/2012 | |
Judgment Sent to Parties |
| 32 | | 03/29/2012 | |
MANDATE |
| 33 | | 05/15/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |