Walstad v. Walstad

20120059 Catherine L. Walstad, Plaintiff and Appellant
v.
Richard H. Walstad, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Randolph E. Stefanson
Appellee: James R. Brothers
Term: 06/2012   Argument: 06/26/2012  1:30pm
ND cite: 2012 ND 204
NW cite: 821 N.W.2d 770

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the district court abused its discretion in denying Plaintiff's motion to amend her complaint to assert a claim for exemplary damages
. 2.Whether exemplary damages may be recovered against a former spouse who concealed assets during the pendency of the parties' divorce action in which a judgment of divorce was entered pursuant to a written property settlement agreement.

Appellee's Statement of the Issues:
The issues presented by the Appellant (Catherine) for review are as follows: The issues presented by the Appellant (Catherine) for review are as follows:
1. Whether the District Court abused its discretion in denying Plaintiff's motion to amend her complaint to assert a claim for exemplary damages.
2. Whether exemplary damages may be recovered against a former spouse who concealed assets during the pendency of the parties' divorce action in which a judgment of divorce was entered pursuant to a written property settlement agreement.

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Docket entries:
101/17/2012 NOTICE OF APPEAL: 01/13/2012
201/17/2012 ORDER FOR TRANSCRIPT: 01/13/2012
301/17/2012 ANNOUNCED DISQUALIFICATION: Maring, Mary Muehlen
402/15/2012 ELECTRONIC RECORD ON APPEAL DATED FEBRUARY 14, 2012 (ENTRY NOS. 1-47 & 50-66).No doc for 48 & 49
503/05/2012 TRANSCRIPTS DATED 09-12-11 & 09-13-11 & C.O.S.
603/05/2012 DISK - TRA's (09-12-11 & 09-13-11)
704/16/2012 APPELLANT BRIEF
804/16/2012 APPELLANT APPENDIX
904/25/2012 Received 8 copies of corrected Table of Authorities and Page 17 of ATB
1004/25/2012 DISK - ATB
1105/16/2012 APPELLEE BRIEF
1205/16/2012 E-FILED BRIEF
1305/16/2012 APPELLEE APPENDIX
1405/16/2012 E-FILED APPENDIX
1505/17/2012 Received $25 surcharge for AEB (Receipt #21182)
1605/18/2012 Rec'd 7 copies of AEB from CSD
1705/18/2012 Rec'd 6 copies of AEA from CSD
1805/18/2012 NOTICE OF ORAL ARGUMENT SENT
1905/22/2012 SITTING WITH THE COURT: Weir, Harlan Patrick
2005/29/2012 Request for Radio/TV Coverage Associated Press approved
2106/26/2012 APPEARANCES: Randolph Stefanson/James Brothers
2206/26/2012 ARGUED: Stefanson/Brothers
2306/26/2012 ORAL ARGUMENT WEBCAST
2410/01/2012 DISPOSITION: REVERSED AND REMANDED
2510/01/2012 UNANIMOUS OPINION: Sandstrom, Dale V.
2610/01/2012 Costs on appeal taxed in favor of appellant
2710/01/2012 Judgment Sent to Parties
2810/24/2012 MANDATE
2910/29/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014