Jordet v. Jordet
Bradley Dean Jordet, Plaintiff and Appellant
Jonathan T. Garaas, Interested Party and Appellant
Tracy Lyndal Jordet, Defendant and Appellee
East Central Judicial District,
Judge Steven L. Marquart
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||09/2012  Argument: 09/05/2012 1:30pm|
|ND cite:||2012 ND 231|
823 N.W.2d 512
Listen to recording of oral argument in MP3 format
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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|1||04/09/2012||NOTICE OF APPEAL: 04/09/2012|
|2||04/09/2012||ORDER FOR TRANSCRIPT: 04/09/2012|
|3||04/12/2012||TRANSCRIPT DATED MARCH 30, 2012, & C.O.S.|
|4||04/12/2012||DISK-TRA 3/30/12 (E-MAILED)|
|5||04/18/2012||Amended Notice of Appeal|
|6||05/10/2012||ELEC. RECORD ON APPEAL (ENTRY NOS.1-283, Items not sent 27,28,36,147,148,149, & 150)|
|9||05/21/2012||DISK - atb|
|11||06/14/2012||DISK - AEB (e-mailed)|
|12||06/19/2012||Affidavit of Service by Mail showing service of the AEB on Jonathan Garaas|
|13||06/18/2012||ELEC. SUPP. RECORD ON APPEAL DATED 06/18/2012 (ENTRY NOS.287-316)|
|14||06/30/2012||REPLY BRIEF & Addendum|
|15||07/11/2012||Corrected TOC for RYB|
|16||07/11/2012||DISK - RYB|
|17||08/09/2012||NOTICE OF ORAL ARGUMENT SENT|
|18||08/23/2012||2nd ELEC. SUPP. RECORD ON APPEAL DATED 08/22/2012 (ENTRY NOS.318-319)|
|19||08/27/2012||AMENDED 2nd. ELEC. SUPP. RECORD ON APPEAL DATED 08/27/2012 (ENTRY NOS.317-321)|
|20||09/05/2012||APPEARANCES: Johnathan T. Garaas; Tressie C. Brazil|
|21||09/05/2012||ARGUED: Johnathan T. Garaas; Tressie C. Brazil|
|22||09/05/2012||ORAL ARGUMENT WEBCAST|
|23||11/05/2012||DISPOSITION: AFFIRMED/PT, REVERSED/PT|
|24||11/05/2012||SPLIT OPINION: VandeWalle, Gerald W.|
|25||11/05/2012||(Dissenting): Maring, Mary Muehlen: DISSENT|
|26||11/05/2012||At Court's direction, no costs will be taxed in this appeal|
|27||11/05/2012||Judgment Sent to Parties|
|29||01/03/2013||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|