Deyle v. Deyle
Christina Deyle, Plaintiff and Appellant
Eric Deyle, Defendant and Appellee
Southeast Judicial District,
Judge Daniel D. Narum
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||09/2012  Argument: 09/05/2012|
|ND cite:||2012 ND 248|
825 N.W.2d 245
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether the trial court erred in granting primary residential responsibility to Eric Deyle.
2. Whether the trial court erred in not awarding Christina Deyle more parenting time.
3. Whether the trial court abused its discretion in failing to award Christina Deyle back child support from Eric Deyle back to the date of the parties' separation.
4. Whether the trial court abused its discretion in failing to order Eric Deyle to pay attorney's fees and costs to Christina Deyle.
Appellee's Statement of the Issues:
1. The trial court properly granted primary residential responsibility to Eric Deyle based on the best interests of the child factors set forth in N.D. CENT. CODE 14-09-06.2.
a. Finding of Fact 15 and the trial court's evaluations based on factors "d" and "h" of the best interests of the child are not clearly erroneous.
b. The trial court's finding that factor "e" favored neither parent is not clearly erroneous.
c. The trial court properly determined that there was no potential negative effect on the children under factor "k" and properly used factor "m."
2. The trial court was correct in denying increased parenting time for Christina Deyle.
3. The trial court properly exercised its discretion in refusing to award back child support to Christina Deyle.
4. The trial court properly exercised its discretion by rejecting Christina Deyle's application for attorney's fees from Eric Deyle.
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|1||03/16/2012 NOTICE OF APPEAL: 03/16/2012|
|2||03/26/2012 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|3||03/28/2012 ORDER FOR TRANSCRIPT: 03/28/2012|
|4||03/28/2012 MOT. EXT/TIME APPELLANT BRIEF (sua sponte; reset due to OTR not timely filed)|
|5||03/28/2012 ACTION BY CLERK (sua sponte; due date for ATB reset due to OTR not timely filed). Granted: 04/25/2012|
|6||04/04/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1-61)|
|7||04/10/2012 TRANSCRIPTS DATED 1/4/12 AND 2/13/12 & C.O.S.|
|8||04/10/2012 DISK-tra (1/4/12 & 2/13/12) e-mailed|
|9||04/23/2012 MOT. EXT/TIME APPELLANT BRIEF|
|10||04/23/2012 ACTION BY CLERK. Granted: 05/15/2012|
|11||04/25/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.62-63)|
|12||05/15/2012 APPELLANT BRIEF|
|13||05/15/2012 APPELLANT APPENDIX|
|14||05/15/2012 DISK - ATB (E-MAILED)|
|15||06/14/2012 APPELLEE BRIEF|
|16||06/14/2012 E-FILED BRIEF|
|17||06/15/2012 Received $25 surcharge (Receipt #21222)|
|18||06/22/2012 Rec'd 7 copies of AEB from CSD|
|19||08/09/2012 NOTICE OF ORAL ARGUMENT SENT|
|20||08/24/2012 SITTING WITH THE COURT: Hodny, William F.|
|21||09/05/2012 APPEARANCES: Jerilynn Brantner Adams and Appellant/John D. Bullis and Megan E. Kummer|
|22||09/05/2012 ARGUED: Adams/Bullis|
|23||09/05/2012 ORAL ARGUMENT WEBCAST|
|24||11/30/2012 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT|
|25||11/30/2012 SPLIT OPINION: Crothers, Daniel John|
|26||11/30/2012 (DISSENTING): Maring, Mary Muehlen: DISSENT|
|27||11/30/2012 (JOINED IN THE DISSENT): Hodny, William F.: JN/DIS|
|28||11/30/2012 Costs on appeal taxed in favor of appellant|
|29||11/30/2012 Judgment Sent to Parties|
|31||01/10/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|