Martire' v. Martire'

20110197 Michael P. Martire', Plaintiff, Appellant
and Cross-Appellee
v.
Sandra Hendricksen Martire', Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge David E. Reich
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Rodney Ervin Pagel
Appellee: Irvin B. Nodland
Guard. ad litem: Patricia E. Garrity
Appellee: Lawyer not licensed in N.D.
Term: 06/2012   Argument: 06/26/2012  10:00am
ND cite: 2012 ND 197
NW cite: 822 N.W.2d 450

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Issues: Appellant's Statement of the Issues:
1) Did the trial court err in admitting, over objection of plaintiff, the testimony and evidence submitted by defendant's expert witnesses?
2) Was the trial court's decision on primary residential responsibility/parenting time clearly erroneous?
3) Was the trial court's decision to terminate the services of the court appointed reunification counselor clearly erroneous?
4) Was the trial court's findings and order for the payment of child support proper?
5) Was the trial court's findings and order for the payment of spousal support clearly erroneous?
6) Was the trial court's distribution of property, particularly permitting debt offsets to the defendant based upon undocumented credit card debt, clearly erroneous?
7) Was the trial court's determination on December 17, 2010 that plaintiff/appellant was in contempt of court an abuse of discretion?

Appellee's Statement of the Issues:
1. Did the Trial Court err in its valuation of a marital asset Spine and Pain Clinic?
2. Did the Trial Court err in computing appellant's income earning capacity?
3. Was the Trial Court's Findings of what constituted the marital estate accurate or equitable?
4. Did the type of property distributed to each of the parties make the division inequitable?
5. Was the Trial Court's calculation of child support, spousal support, attorney fees and litigation costs was erroneous and based on false and fraudulent representations?
6. Did the Trial Court err in its disposition of assets including children's funds, children's trust accounts, non-existent accounts, missing accounts, and accounts with misstated values?
7. Did the Trial Court err in June of 2011 in granting joint and equal parental responsibility?

Appellee's Statement of the Issues:
Issues of Guardian ad Litem:
Whether the trial court clearly erred in awarding joint decision-making responsibility and equal parenting time for the minor children RM and CM.
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Docket entries:
107/05/2011 NOTICE OF APPEAL: 07/05/2011
207/05/2011 ORDER FOR TRANSCRIPT: 07/05/2011
307/08/2011 RETENTION OF RECORD ON APPEAL (acknowledgment letter from Court Reporter Sharon Fox of OTR and RRA): 08/24/2011
407/14/2011 NOTICE OF CROSS APPEAL (filed in trial court on 7-12-11)
508/17/2011 MOT. EXT/TIME TRANSCRIPT (faxed)
608/17/2011 E-FILED MOTION (MTR) faxed
708/17/2011 ACTION BY TRIAL COURT (MTR). Granted: 10/03/2011
809/12/2011 Electronic Clerk's Certificate of RECORD ON APPEAL (Image Nos. 1-783)
909/20/2011 Electronic Supplemental Clerk's Certificate dated 9-19-11 (Image Nos. 785-788; 784 is Clerk's Cert)
1009/28/2011 Amended Electronic Clerk's Certificate of Record, dated 9-9-11 (Image Nos. 1-783)
1109/29/2011 2nd Notice of Appeal filed in trial court September 27, 2011 - Hendricksen Martire
1209/30/2011 Letter dated 9/30/11 from Pagel on proceeding with the appeal
1310/03/2011 TRANSCRIPTS DATED 8/25/08; 12/01/08; 3/09/09; 5/13/09; 5/26/09; 12/31/09;
1410/03/2011 1/29/10; 2/2/10; 2/3/10; 2/4/10; 2/5/10; 2/8/10; 2/9/10; 2/10/10; 2/11/10; 2/12/10;
1510/03/2011 3/24/10; 3/4/11; 6/29/11; & Master Index (20 vols.) & C.O.S.
1610/03/2011 DISK - tra (8/25/08; 12/01/08; 3/09/09; 5/13/09; 5/26/09; 12/31/09;
1710/03/2011 1/29/10; 2/2/10; 2/3/10; 2/4/10; 2/5/10; 2/8/10; 2/9/10; 2/10/10; 2/11/10; 2/12/10;
1810/03/2011 3/24/10; 3/4/11; 6/29/11; & Master Index)
1910/05/2011 Upon the filing of the Appellant's brief, the Court will decide whether to stay the appeal pending
2010/05/2011 pending the district court's disposition of pending motion
2110/10/2011 MOT. EXT/TIME TRANSCRIPT (Sharon Fox)
2210/10/2011 ACTION BY CLERK. Granted: 10/10/2011
2310/10/2011 Corrected page 24 for Transcript dated 8-25-08 & corrected page 1174 for Tra dated 2-8-10
2410/10/2011 Partial TRANSCRIPT DATED June 12, 2009 & C.O.S. (NOTE: The remainder of this tran. is part of ROA)
2510/10/2011 DISK - TRA dated 6-12-09 & corrected TRA dated 8-25-08 & 2-8-10 (e-mailed)
2610/12/2011 Electronic 2nd Supplemental Clerk's Certificate dated 10-11-11 (Image Nos. 789-808)(#809-2nd Suppl)
2711/01/2011 Electronic 3rd SUPPLEMENTAL RECORD ON APPEAL dated 10-31-11 (Entry Nos. 810-816; 817 is 3rd Suppl.)
2811/09/2011 MOTION TO EXTEND WORD LIMIT BY APPELLANT
2911/09/2011 ACTION BY CHIEF JUSTICE (Mot/Extend/Word/Limit) (1200 add'l words). Granted
3011/14/2011 APPELLANT BRIEF
3111/14/2011 APPELLANT APPENDIX (Vols. I and II)
3211/17/2011 Corrected covers for ATB & ATA, corrected TOA & page 13 for ATB
3311/17/2011 DISK - atb (e-mailed)
3411/26/2011 Electronic 4th SUPPLEMENTAL RECORD ON APPEAL dated 11-26-11 (Entry Nos. 819-839; 840 is 4th Suppl.)
3511/26/2011 Entry No. 818 (receipt for 3rd Supplemental) was not certified
3611/29/2011 STAY PENDING District Court's decision on motion requesting full parental responsibility
3712/21/2011 ORDER OF REMAND
3801/05/2012 Electronic 5th SUPPLEMENTAL RECORD ON APPEAL (images 841-848)
3904/16/2012 Request to reset briefing schedule and continue appeal
4004/16/2012 ACTION BY CHIEF JUSTICE. Granted
4104/16/2012 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
4204/16/2012 ACTION BY CHIEF JUSTICE. Granted: 05/18/2012
4304/18/2012 MOTION TO EXTEND WORD LIMIT BY APPELLEE
4404/18/2012 ACTION BY CHIEF JUSTICE (Mot/Extend/Word/Limit) (2000 add'l words). Granted
4504/20/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.850-905)
4604/27/2012 MOTION FOR Stay Pending District Court Decision (Appellee). RspDue: 05/07/2012
4705/01/2012 Appellee's Motion for Remand
4805/07/2012 Appellant's Response to Motion for Stay
4905/07/2012 Guardian Ad Litem's Response to Motion for Stay
5005/07/2012 ACTION BY CHIEF JUSTICE (Motion for Stay). Denied
5105/07/2012 ACTION BY CHIEF JUSTICE (Motion for Remand). Denied
5205/16/2012 7th ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.906-916)
5305/17/2012 Affidavit of Richard Ducote Pursuant to Admission to Practice R.3(A)(5)(a)
5405/17/2012 APPELLEE BRIEF (Guardian ad Litem)
5505/17/2012 DISK (aeb) (Guardian ad Litem) (e-mailed)
5605/18/2012 NOTICE OF ORAL ARGUMENT SENT
5705/18/2012 P. Garrity, Guardian ad Litem, will not argue at oral argument
5805/18/2012 APPELLEE BRIEF (Sandra Hendricksen-Martire')
5905/18/2012 APPELLEE APPENDIX (2 vols.)
6005/23/2012 Corrected pages ii, 33, & 34 for brief of Appellee Sandra Hendricksen Martire'
6105/25/2012 MOTION FOR Extension of Word Limit for Appellant's Reply Brief
6205/29/2012 ACTION BY CHIEF JUSTICE (granted for 2,000 words). Granted
6306/01/2012 REPLY BRIEF
6406/04/2012 MOTION FOR Extension of Word Limit for Appellee's Reply Brief
6506/04/2012 ACTION BY SUPREME COURT. Denied
6606/06/2012 DISK - ryb (e-mailed)
6706/08/2012 Rec'd 8 corrected pages 2 & 16 for RYB
6806/18/2012 REPLY BRIEF OF APPELLEE/CROSS-APPELLANT
6906/18/2012 RYB OF APPELLEE/CROSS-APPELLANT APPENDIX
7006/18/2012 DISK-RYB OF APPELLEE AND CROSS-APPELLANT (E-MAILED)
7106/18/2012 Supplemental Appendix of Appellee-Cross-Appellant
7206/26/2012 APPEARANCES: Rodney E. Pagel and Patricia E Garrity, Guardian ad Litem; Irvin B. Nodland and
7306/26/2012 Richard DuCote
7406/26/2012 ARGUED: Pagel and Garrity; DuCote
7506/26/2012 ORAL ARGUMENT WEBCAST
7609/25/2012 DISPOSITION: AFFIRMED
7709/25/2012 SPLIT OPINION: Kapsner, Carol Ronning
7809/25/2012 Dissenting: Sandstrom, Dale V.: DISSENT
7909/25/2012 Costs on appeal taxed in favor of Appellee and Cross-Appellant
8009/26/2012 Judgment Sent to Parties
8110/09/2012 PETITION FOR REHEARING
8210/09/2012 DISK-PER (E-MAILED)
8310/23/2012 rec'd proof of service of PER on Ducote and Garrity
8410/23/2012 ACTION BY SUPREME COURT. Denied
8510/31/2012 MANDATE
8606/11/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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