Sateren v. Sateren
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| 20120192 |
Lorne C. Sateren, Plaintiff and Appellee
v.
Marilyn L. Sateren, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd |
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Nature of Action: |
Divorce/Property Div./Alimony
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| Counsel: |
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| Term: |
10/2012 Argument: 10/08/2012 11:00am
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| ND cite: |
2013 ND 12
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| NW cite: |
826 N.W.2d 303
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
A.Whether the District Court erred by allowing post-judgment evidence to enter into the Court's consideration and subsequent ruling during the hearing seeking Relief from Judgment granted pursuant to Appellant's Rule 60 motion.
B.Whether the District Court erred by failing to reallocate the marital property in reflection of the Appellee's fraud and breach of contract.
C.Whether the District Court erred by failing to value the marital estate and to consider the Ruff-Fischer guidelines when examining the reallocation of the marital estate.
Appellee's Statement of the Issues:
I. Whether the district court erred in admitting evidence of post-divorce circumstances at a hearing to determine if marital property should be redistributed.
II. Whether the district court was clearly erroneous in finding Marilyn entered into the stipulation with Lorne free from mistake, duress, menace, fraud or undue influence, and the stipulation was not unconscionable.
III. Whether the district court erred in failing to value and specifically address the Ruff-Fischer factors in its decision to not redistribute the marital estate.
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| 1 | | 04/12/2012 | |
NOTICE OF APPEAL: 04/12/2012 |
| 2 | | 04/12/2012 | |
ORDER FOR TRANSCRIPT: 04/12/2012 |
| 3 | | 05/08/2012 | |
ELEC. RECORD ON APPEAL (ENTRY NOS.1-183, Docket entry #11 not included-shorthand notes) |
| 4 | | 05/17/2012 | |
1st ELEC. SUPPLEMENTAL RECORD ON APPEAL (ENTRY NOS.184-189) |
| 5 | | 05/22/2012 | |
2nd ELEC. SUPP. RECORD ON APPEAL DATED (ENTRY NOS.190-192) |
| 6 | | 06/01/2012 | |
TRANSCRIPT DATED OCTOBER 24, 2011, & C.O.S. |
| 7 | | 06/01/2012 | |
DISK-TRA (10/24/11) E-MAILED |
| 8 | | 06/11/2012 | |
MOTION to Remand to District Court for Record Correction |
| 9 | | 06/11/2012 | |
ACTION BY CHIEF JUSTICE (remand unnecessary). Denied |
| 10 | | 06/14/2012 | |
MOTION TO DISMISS APPEAL BY APPELLEE. RspDue: 06/28/2012 |
| 11 | | 06/14/2012 | |
E-FILED MOTION |
| 12 | | 06/14/2012 | |
3rd ELEC. SUPP. RECORD ON APPEAL DATED 06/13/2012 (ENTRY NOS.193-198) |
| 13 | | 06/15/2012 | |
4th ELEC. SUPP. RECORD ON APPEAL DATED 06/14/2012 (ENTRY NOS.199-202) |
| 14 | | 06/28/2012 | |
5th ELEC. SUPP. RECORD ON APPEAL DATED 06/27/2012 (ENTRY NOS.203-206) |
| 15 | | 06/28/2012 | |
Response - Brief in Opposition to Appellee's Motion to Dismiss the Appeal |
| 16 | | 06/28/2012 | |
E-FILED MOTION |
| 17 | | 07/11/2012 | |
Motion to Dismiss to be heard with merits |
| 18 | | 07/11/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 19 | | 07/11/2012 | |
E-FILED MOTION |
| 20 | | 07/11/2012 | |
ACTION BY CLERK. Granted: 07/24/2012 |
| 21 | | 07/10/2012 | |
6th ELEC. SUPP. RECORD ON APPEAL DATED JULY 9, 2012 (ENTRY NOS. 207-209) |
| 22 | | 07/13/2012 | |
7th ELEC. SUPP. RECORD ON APPEAL DATED 07/12/2012 (Entry nos. 210-212) |
| 23 | | 07/24/2012 | |
APPELLANT BRIEF (PDF) |
| 24 | | 07/24/2012 | |
E-FILED BRIEF (PDF) |
| 25 | | 07/24/2012 | |
APPELLANT APPENDIX |
| 26 | | 07/24/2012 | |
E-FILED APPENDIX |
| 27 | | 07/25/2012 | |
Received non-substantive changes to ATB |
| 28 | | 07/26/2012 | |
Received $25 e-filing surcharge for ATB (Receipt #21263) |
| 29 | | 07/26/2012 | |
Received 7 copies of ATB from Central Duplicating |
| 30 | | 07/26/2012 | |
Received 6 copies of ATA from Central Duplicating |
| 31 | | 08/10/2012 | |
ELEC. 8th SUPP. RECORD ON APPEAL DATED 08/09/2012 (ENTRY NOS.213-215) |
| 32 | | 08/13/2012 | |
ORDER FOR TRANSCRIPT (11-18-10 tra): 08/07/2012 |
| 33 | | 08/13/2012 | |
TRANSCRIPT DATED 11-18-2010 & C.O.S. |
| 34 | | 08/13/2012 | |
DISK-TRA (11-18-2010) e-mailed |
| 35 | | 08/20/2012 | |
APPELLEE BRIEF (PDF) |
| 36 | | 08/20/2012 | |
E-FILED BRIEF |
| 37 | | 08/24/2012 | |
Rec'd $25 surcharge for AEB (Receipt #21464) |
| 38 | | 08/28/2012 | |
Received 7 copies of AEB from CSD |
| 39 | | 08/31/2012 | |
Received notice and consent for John D. Schroder, third year law student |
| 40 | | 09/17/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 41 | | 10/05/2012 | |
9th ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 4, 2012 (ENTRY NOS.216-218) |
| 42 | | 10/05/2012 | |
NOTICE OF SUBSTITUTION OF COUNSEL EFFECTIVE 10/31/12 (substituting Ronald Galstad and Brian Balstad |
| 43 | | 10/05/2012 | |
for Patti Jensen) |
| 44 | | 10/08/2012 | |
APPEARANCES: Jacey Johnston and DeWayne Johnston/Patti Jensen and John Schroeder, 3L, |
| 45 | | 10/08/2012 | |
ARGUED: Jacey Johnston/John Schroeder, 3rd year law student |
| 46 | | 10/08/2012 | |
ORAL ARGUMENT WEBCAST |
| 47 | | 10/31/2012 | |
Ronald I. Galstad and Brian C. Balstad substituted as counsel for Appellee |
| 48 | | 01/23/2013 | |
ACTION BY SUPREME COURT (Motion to Dismiss). Denied |
| 49 | | 01/23/2013 | |
DISPOSITION: REVERSED AND REMANDED |
| 50 | | 01/23/2013 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 51 | | 01/23/2013 | |
DISSENT: Sandstrom, Dale V. |
| 52 | | 01/23/2013 | |
Costs on appeal taxed in favor of Appellant |
| 53 | | 01/23/2013 | |
Judgment Sent to Parties |
| 54 | | 01/25/2013 | |
10th ELEC. SUPP. RECORD ON APPEAL DATED January 24, 2012 (ENTRY NOS.219-224) |
| 55 | | 02/21/2013 | |
MANDATE |
| 56 | | 02/27/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |