Deyle v. Deyle
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| 20120157 |
Christina Deyle, Plaintiff and Appellant
v.
Eric Deyle, Defendant and Appellee
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| Appeal from: |
District Court,
Southeast Judicial District,
Sargent County
Judge Daniel D. Narum |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
09/2012 Argument: 09/05/2012 10:45am
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| ND cite: |
2012 ND 248
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| NW cite: |
825 N.W.2d 245
Listen to recording of oral argument
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| 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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| 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 |
| 30 | | 01/03/2013 | |
MANDATE |
| 31 | | 01/10/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |