Keita v. Keita

20110252 Jennifer Anne Keita, Plaintiff and Appellee
v.
Mohamed Founeke Keita, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Sonja Clapp
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Rebecca Noel Burr
Appellee: Patti Jo Jensen
Term: 02/2012   Argument: 02/23/2012  9:30am
ND cite: 2012 ND 234
NW cite: 823 N.W.2d 726

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the trial court erred when it ordered Mr. Mohamed Keita supervised parenting time based upon, in part, that he is a citizen of Mali, West Africa and that he is Muslim.
2. Whether the trial court erred or abused its discretion in its award of attorney's fees, tax exemption right and a monetary award to Ms. Jennifer Keita when it failed to make sufficient findings or to apply applicable law.
3. Whether the trial court erred when it ordered an upward deviation in child support to allow day care expenses but would not consider a downward deviation for Mr. Keita's travel expenses to visit his minor child who had moved with her mother to North Dakota from Georgia.
4. Whether the trial court erred when it reserved the issue of spousal support as a remedy for anticipated non-compliance from Mr. Keita even though neither party requested spousal support in the pleadings.

Reply Brief Issues
1. Appellee's Brief misstates the evidence that was presented at trial or as contained in the record and does so in an attempt to prejudice Mohamed Keita.
2. Appellee's Brief and Appendix violates the North Dakota Rules of Appellate Procedure.
3. There is evidence of clear judicial bias against Mohamed Keita.
4. Appellee's request for attorney's fees is improper.

Appellee's Statement of the Issues:
I. Whether the District Court was clearly erroneous in finding that supervised parenting time is currently required for Mohamed prior to meeting certain conditions to lessen risks that currently necessitate supervision.
II. Whether the District Court abused its discretion in awarding to Jennifer only a portion of the attorney's fees she incurred in this action, as opposed to all of those fees attributable to Mohamed's actions, due to his ability to pay.
III. Whether the District Court was clearly erroneous in awarding Jennifer the tax exemption for the parties' minor child.
IV. Whether the District Court was clearly erroneous in granting Jennifer a two thousand dollar cash payment to more equitably divide the parties' assets and liabilities considering the amount of debt apportioned to Jennifer.
V. Whether the District Court was clearly erroneous when it deviated upward from the presumptive amount of child support for childcare expenses Jennifer incurs, but did not deviate downward for parenting time travel expenses Mohamed might incur.
VI. Whether the District Court was clearly erroneous in finding that it should retain jurisdiction over an award of spousal support when no spousal support was originally granted.
VII. Whether this Court should remand to the District Court for determination of a proper amount for Jennifer as an award of attorney's fees for this appeal.

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Docket entries:
109/02/2011 NOTICE OF APPEAL: 09/02/2011
209/02/2011 ORDER FOR TRANSCRIPT: 09/02/2011
309/06/2011 ACKNOWLEDGMENT OF ORDER FOR TRANSCRIPT AND RETENTION OF RECORD ON APPEAL: 10/22/2011
410/22/2011 TRANSCRIPT DATED 05/19/11 & C.O.S.
510/22/2011 DISK - TRA (e-mail)
610/24/2011 ELECTRONIC RECORD ON APPEAL (entry nos. 1-158)
710/24/2011 (no.121 rec'd hard copy, no index nos. for 32-35)
811/22/2011 SUPPLEMENTAL RECORD ON APPEAL filed 11-21-11 (entry nos. 159-168).
911/30/2011 APPELLANT APPENDIX (e-filed)
1011/30/2011 E-FILED APPENDIX (ATA)
1112/01/2011 APPELLANT BRIEF (e-filed)
1212/01/2011 E-FILED BRIEF (ATB)
1312/05/2011 Received $25 surcharge for ATB (Receipt #20772)
1412/07/2011 Received 7 copies of ATB from CSD
1512/07/2011 Received 6 copies of ATA from CSD
1612/07/2011 2nd Electronic SUPPLEMENTAL RECORD ON APPEAL dated 12-6-11 (Entry Nos. 169-173)
1712/09/2011 3rd SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL DATED 12/8/11 (ENTRY NOS. 174-178).
1812/12/2011 4TH SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL DATED 12/9/11 (ENTRY NOS. 179-191).
1912/19/2011 5th SUPPLEMENTAL Electronic RECORD ON APPEAL dated 12-16-11 (Entry Nos. 192-193)
2012/21/2011 6th SUPPLEMENTAL Electronic RECORD ON APPEAL dated 12-20-11 (Entry Nos. 195-198)
2101/03/2012 APPELLEE BRIEF
2201/03/2012 E-FILED BRIEF
2301/03/2012 APPELLEE APPENDIX
2401/03/2012 E-FILED APPENDIX
2501/05/2012 Rec'd $25.00 AEB surcharge. (receipt no. 20811)
2601/06/2012 Rec'd 7 copies AEB from Central Duplicating.
2701/06/2012 Rec'd 6 copies ATA from Central Duplicating.
2801/06/2012 7th SUPPLEMENTAL Electronic RECORD ON APPEAL dated 01-05-12 (entry nos. 199-206)
2901/10/2012 REPLY BRIEF OF APPELLANT
3001/10/2012 E-FILED BRIEF
3101/18/2012 NOTICE OF ORAL ARGUMENT SENT
3201/30/2012 Received 7 copies of RYB from CSD
3302/01/2012 8th SUPPLEMENTAL RECORD ON APPEAL dated 1-24-12 (Entry Nos. 207-211)
3402/01/2012 9th SUPPLEMENTAL RECORD ON APPEAL dated January 31, 2012 (Entry No. 212)(Supplemental is #213)
3502/06/2012 Request for Radio/TV Coverage (AP)
3602/06/2012 E-FILED MOTION
3702/06/2012 ACTION BY CLERK. Granted
3802/08/2012 NOTICE OF ORAL ARGUMENT SENT (rescheduled)
3902/09/2012 10th SUPPLEMENTAL RECORD ON APPEAL (entry nos. 214-216).
4002/23/2012 APPEARANCES: Rebecca C. Graves; Patti J. Jensen
4102/23/2012 ARGUED: Rebecca C. Graves; Patti J. Jensen
4202/23/2012 ORAL ARGUMENT WEBCAST
4311/27/2012 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
4411/27/2012 SPLIT OPINION: Kapsner, Carol Ronning
4511/27/2012 CONCURRING SPECIALLY: Sandstrom, Dale V.: CON
4611/27/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
4711/28/2012 Judgment Sent to Parties
4812/27/2012 11th ELEC. SUPP. RECORD ON APPEAL DATED 11/26/12 (ENTRY NOS. 220-222)
4912/31/2012 12TH ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 28, 2012 (ENTRY NOS.217-219, 223)
5001/03/2013 MANDATE
5101/09/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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