Jordet v. Jordet

20120185 Bradley Dean Jordet, Plaintiff and Appellant
and
Jonathan T. Garaas, Interested Party and Appellant
v.
Tracy Lyndal Jordet, Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Jonathan T. Garaas
Appellee: Tressie Christine Brazil
Term: 09/2012   Argument: 09/05/2012  1:30pm
ND cite: 2012 ND 231
NW cite: 823 N.W.2d 512

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Issues: Appellant's Statement of the Issues:
1. Did the District Court err when it denied Bradley Jordet his post-judgment motion for equitable offset of the mutual obligations that he and his former wife owed each other?
2 Is an execution followed by sheriff's levy the same process as the judicial remedy of equitable setoff or statutory setoff under N.D.C.C.  28-20-33?
3. Did the District Court err, and abuse its discretion, in holding Bradley Jordet's attorney in contempt even though:
(a) the attorney did not intentionally violate a court order;
(b) the attorney was not served proper notice of the alleged contempt and hearing;
(c) the attorney was not properly advised of the charge against him;
(d) the attorney was not advised by the District Court of his right to an attorney without first making it clear that incarceration would not be imposed;
(e) the attorney was not afforded a sufficient time to prepare his defense;
(f) the attorney was not afforded a fact finding hearing, with right of cross-examination; and/or
(g) there was no evidence submitted in the record below that would sustain a contempt of charge against the attorney?

Appellee's Statement of the Issues:
1.Did the District Court properly deny Bradley Dean Jordet's motion to off-set child support with spousal support?
2.Did the District Court properly find Jonathan T. Garaas in violation of the District Court's order by off-setting Tracy's child support arrears with Bradley Dean Jordet's spousal support arrears?
3.Did the District Court properly hold Jonathan T. Garaas in contempt of court?
a.Did the District Court correctly hold that Jonathan T. Garaas was served proper notice of the contempt hearing?
b.Did the District Court properly hold that Jonathan T. Garaas was advised of the allegations against him?
c.Did the District Court properly hold that Jonathan T. Garaas was advised of the allegations against him, and waived any right to an attorney?
d.Did the District Court properly hold that Jonathan T. Garaas was afforded sufficient time to prepare his defense?
e.Did the District Court properly hold that Jonathan T. Garaas did not need a fact finding hearing?
f. Did the District Court properly hold that enough evidence had been submitted to sustain a contempt of court?
g.Was the District Court aware of the required degree of culpability?
h.Was a punitive fine beyond the District Court's jurisdiction?
i.Assuming facts most favorable to Garaas, if the District Court erred in its holding on the issue of "off-set," Did Garaas blatantly defy a Court Order and should his contempt citation be upheld?
4.Should Jonathan T. Garaas and Bradley Dean Jordet be required to pay Tracy Lyndal Jordet's attorney's fees and costs incurred in the appeal process?

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Docket entries:
104/09/2012 NOTICE OF APPEAL: 04/09/2012
204/09/2012 ORDER FOR TRANSCRIPT: 04/09/2012
304/12/2012 TRANSCRIPT DATED MARCH 30, 2012, & C.O.S.
404/12/2012 DISK-TRA 3/30/12 (E-MAILED)
504/18/2012 Amended Notice of Appeal
605/10/2012 ELEC. RECORD ON APPEAL (ENTRY NOS.1-283, Items not sent 27,28,36,147,148,149, & 150)
705/18/2012 APPELLANT BRIEF
805/18/2012 APPELLANT APPENDIX
905/21/2012 DISK - atb
1006/14/2012 APPELLEE BRIEF
1106/14/2012 DISK - AEB (e-mailed)
1206/19/2012 Affidavit of Service by Mail showing service of the AEB on Jonathan Garaas
1306/18/2012 ELEC. SUPP. RECORD ON APPEAL DATED 06/18/2012 (ENTRY NOS.287-316)
1406/30/2012 REPLY BRIEF & Addendum
1507/11/2012 Corrected TOC for RYB
1607/11/2012 DISK - RYB
1708/09/2012 NOTICE OF ORAL ARGUMENT SENT
1808/23/2012 2nd ELEC. SUPP. RECORD ON APPEAL DATED 08/22/2012 (ENTRY NOS.318-319)
1908/27/2012 AMENDED 2nd. ELEC. SUPP. RECORD ON APPEAL DATED 08/27/2012 (ENTRY NOS.317-321)
2009/05/2012 APPEARANCES: Johnathan T. Garaas; Tressie C. Brazil
2109/05/2012 ARGUED: Johnathan T. Garaas; Tressie C. Brazil
2209/05/2012 ORAL ARGUMENT WEBCAST
2311/05/2012 DISPOSITION: AFFIRMED/PT, REVERSED/PT
2411/05/2012 SPLIT OPINION: VandeWalle, Gerald W.
2511/05/2012 (Dissenting): Maring, Mary Muehlen: DISSENT
2611/05/2012 At Court's direction, no costs will be taxed in this appeal
2711/05/2012 Judgment Sent to Parties
2812/28/2012 MANDATE
2901/03/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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