Rudnick v. Rode

20120076 Melissa Rudnick f/k/a
Melissa Nelson, Plaintiff and Appellant
v.
Kirk D. Rode, Defendant and Appellee

Appeal from: District Court, Southeast Judicial District, LaMoure County
Judge John T. Paulson
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Susan Lorraine Ellison
Appellee: Paul C. Murphy
Term: 06/2012   Argument: 06/19/2012  10:00am
ND cite: 2012 ND 167
NW cite: 820 N.W.2d 371

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
[1] Did the district court commit reversible error when it failed to follow the mandatory procedural requirements of Rule 8.2, N.D.R.Ct. (2010), and in finding exceptional circumstances existed for the issuance of the Ex Parte Interim Order on September 27, 2010?
[2] Did the district court commit reversible error in finding Appellee had made a prima facie case justifying a change in custody based solely on the briefs and supporting affidavits filed in this case?
[3] Did the district court commit reversible error when it found that the allegations of abuse made by M.R. constituted a material change in circumstances and in modifying the original custody order?

Appellee's Statement of the Issues:
(1)Did the district court commit reversible error when it failed to follow the mandatory procedural requirements of Rule 8.2, N.D.R.Ct. (2010), and in finding exceptional circumstances existed for the issuance of the Ex Parte Interim Order on September 27, 2010?
[2] Did the district court commit reversible error in finding Kirk had made a prima facie case justifying a change in custody based solely on the briefs and supporting affidavits filed in this case?
[3] Did the district court commit reversible error when it found that the allegations of abuse made by M.R. constituted a material change in circumstances and in modifying the original custody order?

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Docket entries:
101/23/2012 NOTICE OF APPEAL: 01/12/2012
201/23/2012 ORDER FOR TRANSCRIPT: 01/12/2012
301/24/2012 Electronic RECORD ON APPEAL dated 1/23/12 (Entry Nos. 1-87) (No. 88 is Clerk's Certificate)
403/05/2012 MOT. EXT/TIME TRANSCRIPT
503/05/2012 ACTION BY TRIAL COURT. Granted: 03/12/2012
603/14/2012 TRANSCRIPTS DATED 12/7/10, 12/15/10, 4/7/11, 6/24/11-2 VOL., 6/27/11-2 VOL., 7/5/11 & C.O.S.
703/15/2012 DISK-12/7/10, 12/15/10, 4/7/11, 6/24/11-2 VOL., 6/27/11-2 VOL., 7/5/11 (E-MAILED)
803/19/2012 Rec'd corrected title page for 4/7/11 tra & elect. copy
904/23/2012 APPELLANT BRIEF (pdf)
1004/23/2012 E-FILED BRIEF (pdf)
1104/23/2012 APPELLANT APPENDIX
1204/23/2012 E-FILED APPENDIX
1305/04/2012 Received $41.00 surcharge fee for ATB and ATA (Receipt #21166)
1405/07/2012 Received 7 copies of ATB from CSD
1505/07/2012 Received 6 copies of ATA from CSD
1605/17/2012 NOTICE OF ORAL ARGUMENT SENT
1705/23/2012 APPELLEE BRIEF
1805/23/2012 E-FILED BRIEF
1905/23/2012 APPELLEE APPENDIX
2005/23/2012 E-FILED APPENDIX
2105/25/2012 Received $25 surcharge for AEB (Receipt #21197)
2205/30/2012 Received 7 copies of AEB from CSD
2305/30/2012 Received 6 copies of AEA from CSD
2406/01/2012 REPLY BRIEF
2506/01/2012 E-FILED BRIEF
2606/04/2012 ELEC. 1st SUPP. RECORD ON APPEAL DATED June 4, 2012 (ENTRY NOS. 96-100)
2706/05/2012 Rec'd 7 copies of RYB from CSD
2806/05/2012 ELEC. 2nd SUPP. RECORD ON APPEAL DATED June 5, 2012 (ENTRY NOS.88-95 & 101-108)
2906/19/2012 APPEARANCES: Susan Ellison/Paul Murphy
3006/19/2012 ARGUED: Ellison/Murphy
3106/19/2012 ORAL ARGUMENT WEBCAST
3206/29/2012 ELEC. 3rd SUPP. RECORD ON APPEAL DATED 06/29/2012 (ENTRY NOS. 109-110)
3308/09/2012 ELEC. 4th SUPP.RECORD ON APPEAL DATED 08/09/2012 (ENTRY NOS.111-114)
3408/16/2012 ELEC. 5th SUPP. RECORD ON APPEAL DATED 08/16/2012 (ENTRY NOS.111-121 )
3508/16/2012 DISPOSITION: REVERSED
3608/16/2012 UNANIMOUS OPINION: Maring, Mary Muehlen
3708/16/2012 Concur in the result: Sandstrom, Dale V.: CON/RES
3808/16/2012 Concur in the result: Crothers, Daniel John: CON/RES
3908/16/2012 Costs on appeal taxed in favor of Appellant
4008/17/2012 Judgment Sent to Parties
4108/22/2012 ELEC.6th SUPP. RECORD ON APPEAL DATED 08/22/12 (ENTRY NOS.122-123)
4209/07/2012 MANDATE
4309/10/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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