Deyle v. Deyle

20120157 Christina Deyle, Plaintiff and Appellant
v.
Eric Deyle, Defendant and Appellee

Appeal from: District Court, Southeast Judicial District, Sargent County
Judge Daniel D. Narum
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Jerilynn Brantner Adams
Appellee: John D. Bullis
Appellee: Megan Elizabeth Kummer
Term: 09/2012   Argument: 09/05/2012  10:45am
ND cite: 2012 ND 248
NW cite: 825 N.W.2d 245

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
103/16/2012 NOTICE OF APPEAL: 03/16/2012
203/26/2012 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
303/28/2012 ORDER FOR TRANSCRIPT: 03/28/2012
403/28/2012 MOT. EXT/TIME APPELLANT BRIEF (sua sponte; reset due to OTR not timely filed)
503/28/2012 ACTION BY CLERK (sua sponte; due date for ATB reset due to OTR not timely filed). Granted: 04/25/2012
604/04/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1-61)
704/10/2012 TRANSCRIPTS DATED 1/4/12 AND 2/13/12 & C.O.S.
804/10/2012 DISK-tra (1/4/12 & 2/13/12) e-mailed
904/23/2012 MOT. EXT/TIME APPELLANT BRIEF
1004/23/2012 ACTION BY CLERK. Granted: 05/15/2012
1104/25/2012 ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.62-63)
1205/15/2012 APPELLANT BRIEF
1305/15/2012 APPELLANT APPENDIX
1405/15/2012 DISK - ATB (E-MAILED)
1506/14/2012 APPELLEE BRIEF
1606/14/2012 E-FILED BRIEF
1706/15/2012 Received $25 surcharge (Receipt #21222)
1806/22/2012 Rec'd 7 copies of AEB from CSD
1908/09/2012 NOTICE OF ORAL ARGUMENT SENT
2008/24/2012 SITTING WITH THE COURT: Hodny, William F.
2109/05/2012 APPEARANCES: Jerilynn Brantner Adams and Appellant/John D. Bullis and Megan E. Kummer
2209/05/2012 ARGUED: Adams/Bullis
2309/05/2012 ORAL ARGUMENT WEBCAST
2411/30/2012 DISPOSITION (AND REMANDED): AFFIRMED/PT, REVERSED/PT
2511/30/2012 SPLIT OPINION: Crothers, Daniel John
2611/30/2012 (DISSENTING): Maring, Mary Muehlen: DISSENT
2711/30/2012 (JOINED IN THE DISSENT): Hodny, William F.: JN/DIS
2811/30/2012 Costs on appeal taxed in favor of appellant
2911/30/2012 Judgment Sent to Parties
3001/03/2013 MANDATE
3101/10/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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