D.E. v. K.F.
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| 20120069 |
D.E., Plaintiff and Appellant
v.
K.F. and M.F., Defendants and Appellees
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| Appeal from: |
District Court,
Southwest Judicial District,
Stark County
Judge Zane Anderson |
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Nature of Action: |
Paternity
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| Counsel: |
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| Term: |
06/2012 Argument: 06/25/2012 09:30am
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| ND cite: |
2012 ND 253
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| NW cite: |
825 N.W.2d 832
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 01/19/2012 | |
NOTICE OF APPEAL: 01/18/2012 |
| 2 | | 01/19/2012 | |
ORDER FOR TRANSCRIPT: 01/18/2012 |
| 3 | | 01/19/2012 | |
---CONFIDENTIAL--- |
| 4 | | 02/17/2012 | |
ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-38). |
| 5 | | 03/06/2012 | |
TRANSCRIPT DATED December 6, 2011 & C.O.S. |
| 6 | | 03/06/2012 | |
DISK of tra dated 12-6-11 (e-mailed) |
| 7 | | 04/09/2012 | |
MOT. EXT/TIME APPELLANT BRIEF & Brief/Support |
| 8 | | 04/09/2012 | |
ACTION BY CLERK, granted provided an affidavit of good cause is filed by 4-16-12. Granted: 04/30/2012 |
| 9 | | 04/12/2012 | |
Affidavit of Theresa L. Kellington received |
| 10 | | 04/30/2012 | |
APPELLANT BRIEF |
| 11 | | 04/30/2012 | |
APPELLANT APPENDIX |
| 12 | | 05/03/2012 | |
Corrected Appellant's Brief |
| 13 | | 05/03/2012 | |
DISK-ATB (E-MAILED) |
| 14 | | 05/18/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 15 | | 06/01/2012 | |
APPELLEE BRIEF |
| 16 | | 06/01/2012 | |
E-FILED BRIEF |
| 17 | | 06/06/2012 | |
Received $25 surcharge for AEB (Receipt #21210) |
| 18 | | 06/08/2012 | |
Received 7 copies of AEB from CSD |
| 19 | | 06/25/2012 | |
APPEARANCES: Theresa L. Kellington; Ashley E. Holmes |
| 20 | | 06/25/2012 | |
ARGUED: Theresa L. Kellington; Ashley E. Holmes |
| 21 | | 06/25/2012 | |
Due to technical difficulty, oral argument was not webcasted |
| 22 | | 12/18/2012 | |
DISPOSITION: REVERSED AND REMANDED |
| 23 | | 12/18/2012 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 24 | | 12/18/2012 | |
COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT |
| 25 | | 12/19/2012 | |
Judgment Sent to Parties |
| 26 | | 01/18/2013 | |
MANDATE |
| 27 | | 01/23/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 28 | | 03/12/2013 | |
Corrected Opinion Page (correction occurs at Para 22, Line 6, replacing "though" with "through" |