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:

1	07/05/2011	NOTICE OF APPEAL: 07/05/2011
2	07/05/2011	ORDER FOR TRANSCRIPT: 07/05/2011
3	07/08/2011	RETENTION OF RECORD ON APPEAL (acknowledgment letter from Court Reporter Sharon Fox of OTR and RRA): 08/24/2011
4	07/14/2011	NOTICE OF CROSS APPEAL (filed in trial court on 7-12-11)
5	08/17/2011	MOT. EXT/TIME TRANSCRIPT (faxed)
6	08/17/2011	E-FILED MOTION (MTR) faxed
7	08/17/2011	ACTION BY TRIAL COURT (MTR). Granted: 10/03/2011
8	09/12/2011	Electronic Clerk's Certificate of RECORD ON APPEAL (Image Nos. 1-783)
9	09/20/2011	Electronic Supplemental Clerk's Certificate dated 9-19-11 (Image Nos. 785-788; 784 is Clerk's Cert)
10	09/28/2011	Amended Electronic Clerk's Certificate of Record, dated 9-9-11 (Image Nos. 1-783)
11	09/29/2011	2nd Notice of Appeal filed in trial court September 27, 2011 - Hendricksen Martire
12	09/30/2011	Letter dated 9/30/11 from Pagel on proceeding with the appeal
13	10/03/2011	TRANSCRIPTS DATED 8/25/08; 12/01/08; 3/09/09; 5/13/09; 5/26/09; 12/31/09;
14	10/03/2011	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;
15	10/03/2011	3/24/10; 3/4/11; 6/29/11; & Master Index (20 vols.) & C.O.S.
16	10/03/2011	DISK - tra (8/25/08; 12/01/08; 3/09/09; 5/13/09; 5/26/09; 12/31/09;
17	10/03/2011	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;
18	10/03/2011	3/24/10; 3/4/11; 6/29/11; & Master Index)
19	10/05/2011	Upon the filing of the Appellant's brief, the Court will decide whether to stay the appeal pending
20	10/05/2011	pending the district court's disposition of pending motion
21	10/10/2011	MOT. EXT/TIME TRANSCRIPT (Sharon Fox)
22	10/10/2011	ACTION BY CLERK. Granted: 10/10/2011
23	10/10/2011	Corrected page 24 for Transcript dated 8-25-08 & corrected page 1174 for Tra dated 2-8-10
24	10/10/2011	Partial TRANSCRIPT DATED June 12, 2009 & C.O.S. (NOTE: The remainder of this tran. is part of ROA)
25	10/10/2011	DISK - TRA dated 6-12-09 & corrected TRA dated 8-25-08 & 2-8-10 (e-mailed)
26	10/12/2011	Electronic 2nd Supplemental Clerk's Certificate dated 10-11-11 (Image Nos. 789-808)(#809-2nd Suppl)
27	11/01/2011	Electronic 3rd SUPPLEMENTAL RECORD ON APPEAL dated 10-31-11 (Entry Nos. 810-816; 817 is 3rd Suppl.)
28	11/09/2011	MOTION TO EXTEND WORD LIMIT BY APPELLANT
29	11/09/2011	ACTION BY CHIEF JUSTICE (Mot/Extend/Word/Limit) (1200 add'l words). Granted
30	11/14/2011	APPELLANT BRIEF
31	11/14/2011	APPELLANT APPENDIX (Vols. I and II)
32	11/17/2011	Corrected covers for ATB & ATA, corrected TOA & page 13 for ATB
33	11/17/2011	DISK - atb (e-mailed)
34	11/26/2011	Electronic 4th SUPPLEMENTAL RECORD ON APPEAL dated 11-26-11 (Entry Nos. 819-839; 840 is 4th Suppl.)
35	11/26/2011	Entry No. 818 (receipt for 3rd Supplemental) was not certified
36	11/29/2011	STAY PENDING District Court's decision on motion requesting full parental responsibility
37	12/21/2011	ORDER OF REMAND
38	01/05/2012	Electronic 5th SUPPLEMENTAL RECORD ON APPEAL (images 841-848)
39	04/16/2012	Request to reset briefing schedule and continue appeal
40	04/16/2012	ACTION BY CHIEF JUSTICE. Granted
41	04/16/2012	MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
42	04/16/2012	ACTION BY CHIEF JUSTICE. Granted: 05/18/2012
43	04/18/2012	MOTION TO EXTEND WORD LIMIT BY APPELLEE
44	04/18/2012	ACTION BY CHIEF JUSTICE (Mot/Extend/Word/Limit) (2000 add'l words). Granted
45	04/20/2012	ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.850-905)
46	04/27/2012	MOTION FOR Stay Pending District Court Decision (Appellee). RspDue: 05/07/2012
47	05/01/2012	Appellee's Motion for Remand
48	05/07/2012	Appellant's Response to Motion for Stay
49	05/07/2012	Guardian Ad Litem's Response to Motion for Stay
50	05/07/2012	ACTION BY CHIEF JUSTICE (Motion for Stay). Denied
51	05/07/2012	ACTION BY CHIEF JUSTICE (Motion for Remand). Denied
52	05/16/2012	7th ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.906-916)
53	05/17/2012	Affidavit of Richard Ducote Pursuant to Admission to Practice R.3(A)(5)(a)
54	05/17/2012	APPELLEE BRIEF (Guardian ad Litem)
55	05/17/2012	DISK (aeb) (Guardian ad Litem) (e-mailed)
56	05/18/2012	NOTICE OF ORAL ARGUMENT SENT
57	05/18/2012	P. Garrity, Guardian ad Litem, will not argue at oral argument
58	05/18/2012	APPELLEE BRIEF (Sandra Hendricksen-Martire')
59	05/18/2012	APPELLEE APPENDIX (2 vols.)
60	05/23/2012	Corrected pages ii, 33, & 34 for brief of Appellee Sandra Hendricksen Martire'
61	05/25/2012	MOTION FOR Extension of Word Limit for Appellant's Reply Brief
62	05/29/2012	ACTION BY CHIEF JUSTICE (granted for 2,000 words). Granted
63	06/01/2012	REPLY BRIEF
64	06/04/2012	MOTION FOR Extension of Word Limit for Appellee's Reply Brief
65	06/04/2012	ACTION BY SUPREME COURT. Denied
66	06/06/2012	DISK - ryb (e-mailed)
67	06/08/2012	Rec'd 8 corrected pages 2 & 16 for RYB
68	06/18/2012	REPLY BRIEF OF APPELLEE/CROSS-APPELLANT
69	06/18/2012	RYB OF APPELLEE/CROSS-APPELLANT APPENDIX
70	06/18/2012	DISK-RYB OF APPELLEE AND CROSS-APPELLANT (E-MAILED)
71	06/18/2012	Supplemental Appendix of Appellee-Cross-Appellant
72	06/26/2012	APPEARANCES: Rodney E. Pagel and Patricia E Garrity, Guardian ad Litem; Irvin B. Nodland and
73	06/26/2012	Richard DuCote
74	06/26/2012	ARGUED: Pagel and Garrity; DuCote
75	06/26/2012	ORAL ARGUMENT WEBCAST
76	09/25/2012	DISPOSITION: AFFIRMED
77	09/25/2012	SPLIT OPINION: Kapsner, Carol Ronning
78	09/25/2012	Dissenting: Sandstrom, Dale V.: DISSENT
79	09/25/2012	Costs on appeal taxed in favor of Appellee and Cross-Appellant
80	09/26/2012	Judgment Sent to Parties
81	10/09/2012	PETITION FOR REHEARING
82	10/09/2012	DISK-PER (E-MAILED)
83	10/23/2012	rec'd proof of service of PER on Ducote and Garrity
84	10/23/2012	ACTION BY SUPREME COURT. Denied
85	10/31/2012	MANDATE

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