Morris v. Moller
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| 20110196 |
Lance Brian Morris, Plaintiff and Appellant
v.
Ceisha Dawn Moller, Defendant and Appellee
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| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge David E. Reich |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
02/2012 Argument: 02/10/2012 09:00am
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| ND cite: |
2012 ND 74
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| NW cite: |
815 N.W.2d 266
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1: Does the use of meth by the mother while pregnant constitute domestic violence on the child, thereby requiring the court to apply the burden shift contained in subdivision j of the best interest factors?
2: In a case where the lower court found only one factor in favor of the mother and all other factors favoring both or not favoring either party, did the lower court err in failing to find in favor of the father in the application of factors (c),
(e), (f) and (j) due to the mother's use of meth while pregnant with the child, then lying about such use, and refusing to obtain medical services for the developmental delays related to or potentially caused by her illegal drug use while
pregnant?
3: Did the lower court err by placing any reliance on a parenting investigator who demonstrated clear bias against the father?
Appellee's Statement of the Issues:
Whether the district court erred when it awarded Ceisha Moller primary residential responsibility of the parties' two minor children.
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| 1 | | 07/01/2011 | |
NOTICE OF APPEAL: 06/30/2011 |
| 2 | | 07/01/2011 | |
ORDER FOR TRANSCRIPT: 06/30/2011 |
| 3 | | 07/18/2011 | |
Suspention of Preparation of Transcript (rec'd lt from Court Reporter Sharon Fox no payment rec'd) |
| 4 | | 08/01/2011 | |
Court Reporter rec'd payment for TRA-tra preparation resumed. |
| 5 | | 08/01/2011 | |
MOT. EXT/TIME TRANSCRIPT (e-filed) |
| 6 | | 08/01/2011 | |
E-FILED MOTION (MTR) |
| 7 | | 08/01/2011 | |
ACTION BY TRIAL COURT (MTR). Granted: 09/28/2011 |
| 8 | | 09/06/2011 | |
ELECTRONIC RECORD ON APPEAL |
| 9 | | 09/26/2011 | |
TRANSCRIPTS DATED 7-22-10 & 7-23-10 & C.O.S. |
| 10 | | 09/26/2011 | |
DISK - TRA's 7-22-10 & 7-23-10 |
| 11 | | 11/07/2011 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 11/07/2011 | |
E-FILED MOTION (MAT) |
| 13 | | 11/07/2011 | |
ACTION BY CLERK (MAT). Granted: 11/28/2011 |
| 14 | | 11/22/2011 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 15 | | 11/22/2011 | |
ACTION BY CHIEF JUSTICE. Granted: 12/12/2011 |
| 16 | | 12/12/2011 | |
APPELLANT BRIEF (e-filed) |
| 17 | | 12/12/2011 | |
E-FILED BRIEF (ATB) |
| 18 | | 12/13/2011 | |
APPELLANT APPENDIX (e-filed) |
| 19 | | 12/13/2011 | |
E-FILED APPENDIX (ATA) |
| 20 | | 12/15/2011 | |
Rec'd 7 copies of ATB from Central Duplicating. |
| 21 | | 12/15/2011 | |
Rec'd 6 copies of ATA from Central Duplicating. |
| 22 | | 12/15/2011 | |
Rec'd $25 ATB e-file surcharge. (receipt no. ) |
| 23 | | 01/10/2012 | |
APPELLEE BRIEF-PDF |
| 24 | | 01/10/2012 | |
E-FILED BRIEF |
| 25 | | 01/11/2012 | |
RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #20824) |
| 26 | | 01/12/2012 | |
Received 7 copies of AEB from Central Duplicating. |
| 27 | | 01/17/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 28 | | 02/06/2012 | |
Request for Radio/TV Coverage (AP) |
| 29 | | 02/06/2012 | |
E-FILED MOTION |
| 30 | | 02/06/2012 | |
ACTION BY CLERK. Granted |
| 31 | | 02/10/2012 | |
APPEARANCES: Lynn M. Boughey; Mitchell D. Armstrong |
| 32 | | 02/10/2012 | |
ARGUED: Lynn M. Boughey; Mitchell D. Armstrong |
| 33 | | 02/10/2012 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 04/10/2012 | |
DISPOSITION: AFFIRMED |
| 35 | | 04/10/2012 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 36 | | 04/10/2012 | |
CONCUR IN THE RESULT: Sandstrom, Dale V.: CON/RES |
| 37 | | 04/10/2012 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE |
| 38 | | 04/11/2012 | |
Judgment Sent to Parties |
| 39 | | 05/09/2012 | |
MANDATE |
| 40 | | 05/11/2012 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |