Morris v. Moller

20110196 Lance Brian Morris, Plaintiff and Appellant
v.
Ceisha Dawn Moller, Defendant and Appellee

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge David E. Reich
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Lynn M. Boughey
Appellee: Mitchell D. Armstrong
Appellee: Sandra Lynn Voller
Term: 02/2012   Argument: 02/10/2012  9:00am
ND cite: 2012 ND 74
NW cite: 815 N.W.2d 266

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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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Docket entries:
107/01/2011 NOTICE OF APPEAL: 06/30/2011
207/01/2011 ORDER FOR TRANSCRIPT: 06/30/2011
307/18/2011 Suspention of Preparation of Transcript (rec'd lt from Court Reporter Sharon Fox no payment rec'd)
408/01/2011 Court Reporter rec'd payment for TRA-tra preparation resumed.
508/01/2011 MOT. EXT/TIME TRANSCRIPT (e-filed)
608/01/2011 E-FILED MOTION (MTR)
708/01/2011 ACTION BY TRIAL COURT (MTR). Granted: 09/28/2011
809/06/2011 ELECTRONIC RECORD ON APPEAL
909/26/2011 TRANSCRIPTS DATED 7-22-10 & 7-23-10 & C.O.S.
1009/26/2011 DISK - TRA's 7-22-10 & 7-23-10
1111/07/2011 MOT. EXT/TIME APPELLANT BRIEF
1211/07/2011 E-FILED MOTION (MAT)
1311/07/2011 ACTION BY CLERK (MAT). Granted: 11/28/2011
1411/22/2011 MOT. EXT/TIME APPELLANT BRIEF
1511/22/2011 ACTION BY CHIEF JUSTICE. Granted: 12/12/2011
1612/12/2011 APPELLANT BRIEF (e-filed)
1712/12/2011 E-FILED BRIEF (ATB)
1812/13/2011 APPELLANT APPENDIX (e-filed)
1912/13/2011 E-FILED APPENDIX (ATA)
2012/15/2011 Rec'd 7 copies of ATB from Central Duplicating.
2112/15/2011 Rec'd 6 copies of ATA from Central Duplicating.
2212/15/2011 Rec'd $25 ATB e-file surcharge. (receipt no. )
2301/10/2012 APPELLEE BRIEF-PDF
2401/10/2012 E-FILED BRIEF
2501/11/2012 RECEIVED $25 E-FILING SURCHARGE FOR AEB (RECEIPT #20824)
2601/12/2012 Received 7 copies of AEB from Central Duplicating.
2701/17/2012 NOTICE OF ORAL ARGUMENT SENT
2802/06/2012 Request for Radio/TV Coverage (AP)
2902/06/2012 E-FILED MOTION
3002/06/2012 ACTION BY CLERK. Granted
3102/10/2012 APPEARANCES: Lynn M. Boughey; Mitchell D. Armstrong
3202/10/2012 ARGUED: Lynn M. Boughey; Mitchell D. Armstrong
3302/10/2012 ORAL ARGUMENT WEBCAST
3404/10/2012 DISPOSITION: AFFIRMED
3504/10/2012 UNANIMOUS OPINION: Kapsner, Carol Ronning
3604/10/2012 CONCUR IN THE RESULT: Sandstrom, Dale V.: CON/RES
3704/10/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
3804/11/2012 Judgment Sent to Parties
3905/09/2012 MANDATE
4005/11/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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