Niska v. Falconer

20120252 Bridget Niska, Petitioner and Appellee
v.
William Falconer, Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Referee Wayne D. Goter
Nature of Action: Other (Civil)
Counsel:
Appellant: TaLisa Ann Nemec
Appellee: Rachel Eve Thomason
Term: 10/2012   Argument: 10/11/2012  9:00am
ND cite: 2012 ND 245
NW cite: 824 N.W.2d 778

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the trial court's finding that the respondent was the perpetrator of domestic violence warranting the necessity for protection is clearly erroneous and should be set aside?
A. The incident of violence occurred over seven years ago.
B. The incident of violence was in self-defense.
C. The factors surrounding the issuance of the order establish that the petitioner used the process to thwart the respondent's visitation with his child and as a means to abuse and punish him based on a failing relationship without any evidence to support a necessity for protection.

Appellee's Statement of the Issues:
The District Court Did Not Err in Granting Petitioner Bridget Niska's Request for a Domestic Violence Protection Order.

Add Docket 20120252 RSS Add Docket 20120252 RSS

Docket entries:
105/29/2012 NOTICE OF APPEAL: 05/25/2012
205/29/2012 ORDER FOR TRANSCRIPT: 05/25/2012
306/22/2012 ELEC. RECORD ON APPEAL DATED 06/21/2012 (ENTRY NOS.1-22)
407/03/2012 MOT. EXT/TIME APPELLANT BRIEF (sua sponte; transcript preparation suspended due to non payment)
507/13/2012 Court Reporter received payment for TRA
607/13/2012 TRANSCRIPT DATED April 9, 2012, Redaction Key & C.O.S.
707/13/2012 DISK - tra (4-9-12) (e-mailed)
807/31/2012 1st ELEC. SUPP. RECORD ON APPEAL DATED 07/31/2012 (ENTRY NOS.23-26 )
908/02/2012 NOTICE OF APPEARANCE filed by R. Thomason for the Appellee
1008/22/2012 APPELLANT BRIEF (PDF)
1108/22/2012 E-FILED BRIEF (PDF)
1208/22/2012 APPELLANT APPENDIX
1308/22/2012 E-FILED APPENDIX
1408/31/2012 Rec'd $25 surcharge for ATB (Receipt #21482)
1509/07/2012 Rec'd 7 copies of ATB from CSD
1609/07/2012 Rec'd 6 copies of ATA from CSD
1709/17/2012 NOTICE OF ORAL ARGUMENT SENT
1809/20/2012 APPELLEE BRIEF
1909/20/2012 E-FILED BRIEF
2009/28/2012 Rec'd $25 surcharge for AEB (Receipt #21520)
2109/28/2012 Rec'd 7 copies of AEB from CSD
2210/11/2012 APPEARANCES: TaLisa Nemec/Rachel Thomason
2310/11/2012 ARGUED: Nemec/Thomason
2410/11/2012 ORAL ARGUMENT WEBCAST
2511/27/2012 DISPOSITION: REVERSED AND REMANDED
2611/27/2012 UNANIMOUS OPINION: Sandstrom, Dale V.
2711/27/2012 Costs on Appeal in favor of Appellant
2811/28/2012 Judgment Sent to Parties
2901/03/2013 MANDATE
3001/04/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/21/2014