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:

Counsel:

Appellant:		Rebecca C. Graves
Appellee:		Patti Jo Jensen

Term:

02/2012 Argument: 02/23/2012 09:30am

ND cite:

2012 ND 234

NW cite:

823 N.W.2d 726

Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

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.

Add Docket 20110252 RSS

Docket entries:

1	09/02/2011	NOTICE OF APPEAL: 09/02/2011
2	09/02/2011	ORDER FOR TRANSCRIPT: 09/02/2011
3	09/06/2011	ACKNOWLEDGMENT OF ORDER FOR TRANSCRIPT AND RETENTION OF RECORD ON APPEAL: 10/22/2011
4	10/22/2011	TRANSCRIPT DATED 05/19/11 & C.O.S.
5	10/22/2011	DISK - TRA (e-mail)
6	10/24/2011	ELECTRONIC RECORD ON APPEAL (entry nos. 1-158)
7	10/24/2011	(no.121 rec'd hard copy, no index nos. for 32-35)
8	11/22/2011	SUPPLEMENTAL RECORD ON APPEAL filed 11-21-11 (entry nos. 159-168).
9	11/30/2011	APPELLANT APPENDIX (e-filed)
10	11/30/2011	E-FILED APPENDIX (ATA)
11	12/01/2011	APPELLANT BRIEF (e-filed)
12	12/01/2011	E-FILED BRIEF (ATB)
13	12/05/2011	Received $25 surcharge for ATB (Receipt #20772)
14	12/07/2011	Received 7 copies of ATB from CSD
15	12/07/2011	Received 6 copies of ATA from CSD
16	12/07/2011	2nd Electronic SUPPLEMENTAL RECORD ON APPEAL dated 12-6-11 (Entry Nos. 169-173)
17	12/09/2011	3rd SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL DATED 12/8/11 (ENTRY NOS. 174-178).
18	12/12/2011	4TH SUPPLEMENTAL ELECTRONIC RECORD ON APPEAL DATED 12/9/11 (ENTRY NOS. 179-191).
19	12/19/2011	5th SUPPLEMENTAL Electronic RECORD ON APPEAL dated 12-16-11 (Entry Nos. 192-193)
20	12/21/2011	6th SUPPLEMENTAL Electronic RECORD ON APPEAL dated 12-20-11 (Entry Nos. 195-198)
21	01/03/2012	APPELLEE BRIEF
22	01/03/2012	E-FILED BRIEF
23	01/03/2012	APPELLEE APPENDIX
24	01/03/2012	E-FILED APPENDIX
25	01/05/2012	Rec'd $25.00 AEB surcharge. (receipt no. 20811)
26	01/06/2012	Rec'd 7 copies AEB from Central Duplicating.
27	01/06/2012	Rec'd 6 copies ATA from Central Duplicating.
28	01/06/2012	7th SUPPLEMENTAL Electronic RECORD ON APPEAL dated 01-05-12 (entry nos. 199-206)
29	01/10/2012	REPLY BRIEF OF APPELLANT
30	01/10/2012	E-FILED BRIEF
31	01/18/2012	NOTICE OF ORAL ARGUMENT SENT
32	01/30/2012	Received 7 copies of RYB from CSD
33	02/01/2012	8th SUPPLEMENTAL RECORD ON APPEAL dated 1-24-12 (Entry Nos. 207-211)
34	02/01/2012	9th SUPPLEMENTAL RECORD ON APPEAL dated January 31, 2012 (Entry No. 212)(Supplemental is #213)
35	02/06/2012	Request for Radio/TV Coverage (AP)
36	02/06/2012	E-FILED MOTION
37	02/06/2012	ACTION BY CLERK. Granted
38	02/08/2012	NOTICE OF ORAL ARGUMENT SENT (rescheduled)
39	02/09/2012	10th SUPPLEMENTAL RECORD ON APPEAL (entry nos. 214-216).
40	02/23/2012	APPEARANCES: Rebecca C. Graves; Patti J. Jensen
41	02/23/2012	ARGUED: Rebecca C. Graves; Patti J. Jensen
42	02/23/2012	ORAL ARGUMENT WEBCAST
43	11/27/2012	DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
44	11/27/2012	SPLIT OPINION: Kapsner, Carol Ronning
45	11/27/2012	CONCURRING SPECIALLY: Sandstrom, Dale V.: CON
46	11/27/2012	COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
47	11/28/2012	Judgment Sent to Parties
48	12/27/2012	11th ELEC. SUPP. RECORD ON APPEAL DATED 11/26/12 (ENTRY NOS. 220-222)
49	12/31/2012	12TH ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 28, 2012 (ENTRY NOS.217-219, 223)
50	01/03/2013	MANDATE
51	01/09/2013	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 05/20/2013