D.E. v. K.F.

20120069 D.E., Plaintiff and Appellant
v.
K.F. and M.F., Defendants and Appellees

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Zane Anderson
Nature of Action: Paternity
Counsel:
Appellant: Theresa Luan Kellington
Appellee: Ashley Erin Holmes
Term: 06/2012   Argument: 06/25/2012  9:30am
ND cite: 2012 ND 253
NW cite: 825 N.W.2d 832

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the Uniform Parentage Act as codified in North Dakota Century Code Section 14-20 et seq should apply in this case?
2. If the Court determines that the Uniform Parentage Act does apply in this case, whether the Court should interpret the Act to address the facts of this case?
3. If the Court determines that the Uniform Parentage Act does apply in this case, whether the District Court Judge erred in granting the Defendant's Motion to Dismiss?

Appellee's Statement of the Issues:
1. Did the district court err in finding that plaintiff (appellant) failed to present a claim for which relief could be granted under North Dakota law.
2. Did the district court correctly grant summary judgment for the defendant (appellee) based upon their find that the threshold requirements necessary to maintain a proceeding to adjudicate the parentage of a child having a presumed after two years from the time of birth of the child have not been met.

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Docket entries:
101/19/2012 NOTICE OF APPEAL: 01/18/2012
201/19/2012 ORDER FOR TRANSCRIPT: 01/18/2012
301/19/2012 ---CONFIDENTIAL---
402/17/2012 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-38).
503/06/2012 TRANSCRIPT DATED December 6, 2011 & C.O.S.
603/06/2012 DISK of tra dated 12-6-11 (e-mailed)
704/09/2012 MOT. EXT/TIME APPELLANT BRIEF & Brief/Support
804/09/2012 ACTION BY CLERK, granted provided an affidavit of good cause is filed by 4-16-12. Granted: 04/30/2012
904/12/2012 Affidavit of Theresa L. Kellington received
1004/30/2012 APPELLANT BRIEF
1104/30/2012 APPELLANT APPENDIX
1205/03/2012 Corrected Appellant's Brief
1305/03/2012 DISK-ATB (E-MAILED)
1405/18/2012 NOTICE OF ORAL ARGUMENT SENT
1506/01/2012 APPELLEE BRIEF
1606/01/2012 E-FILED BRIEF
1706/06/2012 Received $25 surcharge for AEB (Receipt #21210)
1806/08/2012 Received 7 copies of AEB from CSD
1906/25/2012 APPEARANCES: Theresa L. Kellington; Ashley E. Holmes
2006/25/2012 ARGUED: Theresa L. Kellington; Ashley E. Holmes
2106/25/2012 Due to technical difficulty, oral argument was not webcasted
2212/18/2012 DISPOSITION: REVERSED AND REMANDED
2312/18/2012 UNANIMOUS OPINION: Sandstrom, Dale V.
2412/18/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
2512/19/2012 Judgment Sent to Parties
2601/18/2013 MANDATE
2701/23/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2803/12/2013 Corrected Opinion Page (correction occurs at Para 22, Line 6, replacing "though" with "through"

Generated from Supreme Court Docket on 10/22/2014