Rebel v. Rebel

20120280 Helen Rebel Plaintiff and Appellant
v.
Rodney Allen Rebel, Defendant and Appellee

Appeal from: District Court, Southwest Judicial District, Stark County
Judge Harlan Patrick Weir
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellee: Gary D. Ramsey
Appellant: Thomas Myron Jackson
Term: 12/2012   Argument: 12/05/2012  2:00pm
ND cite: 2013 ND 116
NW cite: 833 N.W.2d 442

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1.The District Court Erred by Failing to Equitably Distribute the Assets of the Parties.
2.The Court Improperly Allocated the Mortgage on the Home to Helen Because it is Intertwined with the Other Property.
3.The Court Neglected to Award Interest to Helen for her Payments for the livestock, machinery and feed and grain that was Granted to her by the Court.
4.The Court Erred by Failing to Award Back Child Support in this Matter.

Appellee's Statement of the Issues:
I.The District court did not err by its equitable distribution of the assets of the parties.
II.The District court did not err by allocating to Appellant the debt on the house awarded to Her.
III.The District court did not err by failing to award interest on payments due to Appellant.
IV.The District court did not err by failing to Order that child support be paid retroactively.

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Docket entries:
106/27/2012 NOTICE OF APPEAL: 06/26/2012
206/27/2012 ORDER FOR TRANSCRIPT: 06/26/2012
307/24/2012 ELEC. RECORD ON APPEAL DATED 07/23/2012 (ENTRY NOS.1-63, 65-107) (ENTRY NO. 64 was deleted)
408/03/2012 TRANSCRIPT DATED 11/09/2011 & C.O.S. (final day)
508/03/2012 DISK-Transcript dated 11/09/2011 (e-mailed)
608/10/2012 AMENDED ELEC. RECORD ON APPEAL DATED 08/09/2012 (ENTRY NOS. 1-109)
708/13/2012 2nd AMENDED ELEC. RECORD ON APPEAL DATED 08/10/2012 (ENTRY NOS.1-63, 65-110) (ENTRY NO. 64 deleted)
808/14/2012 OBJECTION TO FAILURE TO ORDER COMPLETE TRANSCRIPT
908/17/2012 MOT. EXT/TIME TRANSCRIPT
1008/17/2012 ACTION BY TRIAL COURT. Granted: 09/24/2012
1108/20/2012 Appellant's brief due 40 days after filing of remaining transcript
1208/17/2012 3rd AMENDED ELEC. RECORD ON APPEAL DATED 08/17/2012 (ENTRY NOS.1-113, ITEMS NOT INCLUDED #64)
1308/29/2012 4th AMENDED ELEC. RECORD ON APPEAL DATED 08/29/2012 (ENTRY NOS.1-63,& 65-114, Item not included 64)
1409/14/2012 TRANSCRIPT DATED 9/27/11 & 9/28/12 & C.O.S.
1509/14/2012 DISK-tra 9/27/11 & 9/28/12 (e-mailed)
1610/24/2012 APPELLANT BRIEF
1710/24/2012 E-FILED BRIEF
1810/24/2012 APPELLANT APPENDIX
1910/24/2012 E-FILED APPENDIX
2010/25/2012 Received $25 e-filing surcharge for ATB (Receipt #21559)
2110/29/2012 Received 7 copies of ATB from Central Duplicating
2210/29/2012 Received 6 copies of ATA from Central Duplicating
2311/15/2012 APPELLEE BRIEF
2411/15/2012 E-FILED BRIEF
2511/19/2012 Recevied $25 e-filing surcharge for AEB (Receipt #21586)
2611/19/2012 Received 7 copies of AEB from Central Duplicating
2711/20/2012 NOTICE OF ORAL ARGUMENT SENT
2811/21/2012 AMENDED NOTICE OF ORAL ARGUMENT SENT
2911/29/2012 REPLY BRIEF
3011/29/2012 E-FILED BRIEF
3111/29/2012 Received 7 copies of RYB from CD
3212/05/2012 APPEARANCES: Thomas Jackson/Dann Greenwood
3312/05/2012 ARGUED: Jackson/Greenwood
3412/05/2012 ORAL ARGUMENT WEBCAST
3501/07/2013 4th AMENDED ELEC. RECORD ON APPEAL DATED 1/7/13 (ENTRY NOS.1-63,& 65-121, Item not included 64)
3601/07/2013 Gary D. Ramsey substituted as Counsel for Dann E. Greenwood
3702/12/2013 ELEC. 6TH SUPP. RECORD ON APPEAL DATED February 11, 2013 (ENTRY NOS.1-63 and 65-123)
3807/18/2013 DISPOSITION: AFFIRMED/PT, REVERSED/PT
3907/18/2013 SPLIT OPINION: Kapsner, Carol Ronning
4007/18/2013 CONCUR IN THE RESULT: VandeWalle, Gerald W.: CONCUR
4107/18/2013 (CONCURRING): Maring, Mary Muehlen: CONCUR
4207/18/2013 (CONCURRING AND DISSENTING): Sandstrom, Dale V.: CON/DIS
4307/18/2013 By Order of the Court costs to neither party
4407/19/2013 Judgment Sent to Parties
4508/19/2013 MANDATE
4608/21/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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