Seibold v. Leverington

20110152 State of North Dakota, County
of Cass, ex. rel, Maria Janelle
Seibold, and KCS, a minor child, Plaintiffs
----------------
Maria Janelle Seibold, Appellant
v.
Paul Ronald Leverington, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Julie Ann Oster
Appellee: Donavin L. Grenz
Term: 10/2011   Argument: 10/19/2011  9:30am
ND cite: 2012 ND 25
NW cite: 812 N.W.2d 460

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Whether the trial court erred in denying Maria an evidentiary hearing on her motion for contempt.
II.Whether the trial court erred in denying Maria an evidentiary hearing on her motion for a second amended judgment.
III.Whether the trial court erred in finding no significant change of circumstances had occurred in the absence of an evidentiary hearing.

REPLY BRIEF ISSUES
1. Whether Maria was required to obtain a hearing and failed to do so as required by rule 3.2.
2. Whether Maria failed to submit a transcript or a stipulation to appeal without submission of a transcript in her appeal.
3. Does Maria's requests, if granted through her motions, modify residential responsibility?
4. Should Maria's contempt motion only be based on Paul prohibiting Maria with parenting time?

Appellee's Statement of the Issues:
Did the trial court commit reversible error in denying Maria's motions without conducting an evidentiary hearing on the same?

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Docket entries:
105/19/2011 NOTICE OF APPEAL: 05/19/2011
206/22/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1 - 120)
306/30/2011 Received e-filing surcharge for ATB & ATA (Receipt #20388)
406/28/2011 APPELLANT BRIEF (e-filed)
506/28/2011 E-FILED BRIEF (ATB)
606/28/2011 APPELLANT APPENDIX (e-filed)
706/28/2011 E-FILED APPENDIX (ATA)
806/30/2011 Received e-filing surcharge for ATB & ATA (Receipt #20388).
907/05/2011 Received corrections to brief.
1007/06/2011 Received corrections to ATA.
1107/08/2011 Received 7 copies of ATB from Central Duplicating.
1207/08/2011 Received 6 copies of ATA from Central Duplicating.
1307/28/2011 APPELLEE BRIEF (e-filed)
1407/28/2011 E-FILED BRIEF (AEB)
1507/28/2011 APPELLEE APPENDIX (e-filed) PDF
1607/28/2011 E-FILED APPENDIX (AEA) PDF
1708/04/2011 Received corrections to AEB.
1808/05/2011 Received $25 e-filing surcharge for AEB (Receipt #20598).
1908/08/2011 Received 7 copies of AEB from Central Duplicating.
2008/08/2011 Received 6 copies of AEA from Central Duplicating.
2108/11/2011 REPLY BRIEF (e-filed)
2208/11/2011 E-FILED BRIEF (ryb)
2308/15/2011 Received 7 copies of RYB from Central Duplicating.
2409/02/2011 NOTICE OF ORAL ARGUMENT SENT
2510/19/2011 APPEARANCES: Julie A. Oster & Appellant; Donavin L. Grenz
2610/19/2011 ARGUED: Oster/Grenz
2710/19/2011 ORAL ARGUMENT WEBCAST
2802/17/2012 DISPOSITION: REVERSED AND REMANDED
2902/17/2012 SPLIT OPINION: Maring, Mary Muehlen
3002/17/2012 DISSENT: Sandstrom, Dale V.: DISSENT
3102/17/2012 Costs on appeal taxed in favor of the appellant.
3202/22/2012 Judgment Sent to Parties
3303/28/2012 MANDATE

Generated from Supreme Court Docket on 10/30/2014