Interest of S.R.L.
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| 20120282 |
In the Interest of S.R.L.
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Russell James Niffenegger, Plaintiff and Appellee
v.
Nikki Lafromboise, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Ramsey County
Judge Donovan John Foughty |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
01/2013 Argument: 01/07/2013 11:00am
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| ND cite: |
2013 ND 32
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| NW cite: |
827 N.W.2d 324
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
I. Whether the trial court made a clear error by making no finding the home, school, and community record of the toddler and the potential effect of any change was not applicable when the toddler had spent the majority of her life in Devils Lake,
North Dakota and the parents live ninety miles apart.
II. Whether the trial court made a clear error in not making a finding the parties would be able to communicate and cooperate sufficiently to set aside their differences.
III. Whether the trial court made a clear error in not awarding Nikki primary residential responsibility when the toddler has always lived under her care and both parties were found to be good parents.
IV. Whether the order creates a problem for the parties to modify primary residential responsibility as such modification is governed by section 14-09-06.6, N.D.C.C.
Appellee's Statement of the Issues:
I. Whether the District Court clearly erred in not considering the home, school and community record to be a relevant best interest factor based on S.R.L.'s age.
II. Whether the District Court clearly erred in not specifically finding the parties would be able to communicate and cooperate effectively.
III. Whether the District Court clearly erred in awarding the parties joint residential responsibility of S.R.L.
IV. Whether the District Court Clearly erred in awarding joint residential responsibility because the residential arrangement may need to be modified prior to S.R.L. starting school.
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| 1 | | 07/03/2012 | |
NOTICE OF APPEAL: 07/02/2012 |
| 2 | | 07/03/2012 | |
ORDER FOR TRANSCRIPT: 07/02/2012 |
| 3 | | 07/03/2012 | |
ELEC. RECORD ON APPEAL DATED July 3, 2012 |
| 4 | | 07/03/2012 | |
Amended Elec. Record on Appeal dated July 3, 2012 (Entry Nos. 1-120) |
| 5 | | 07/03/2012 | |
2nd Amended Elec. Record on Appeal dated July 3, 2012 (Entry Nos. 1-122) |
| 6 | | 07/23/2012 | |
2nd Notice of Appeal filed in trial court on 7/23/12 |
| 7 | | 07/23/2012 | |
1st ELEC. SUPP. RECORD ON APPEAL DATED July 23, 2012(ENTRY NOS.123-133) |
| 8 | | 07/23/2012 | |
2nd ELEC. SUPP. RECORD ON APPEAL DATED July 23, 2012 (ENTRY NOS.1-138) (See Amended SRA |
| 9 | | 07/23/2012 | |
SRA filed 7-24-12) |
| 10 | | 07/24/2012 | |
Amended 2nd ELEC. SUPP. RECORD ON APPEAL DATED July 24, 2012 (ENTRY NOS.134-139) |
| 11 | | 08/20/2012 | |
TRANSCRIPTS DATED 10/31/11, 04/26/12, & 04/27/12 & C.O.S. |
| 12 | | 08/20/2012 | |
DISK-TRA (e-mailed) |
| 13 | | 08/22/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 14 | | 08/22/2012 | |
E-FILED MOTION |
| 15 | | 09/19/2012 | |
Supplement to Motion |
| 16 | | 09/19/2012 | |
E-mail from Appellee's counsel, that she has no objection to extension |
| 17 | | 09/20/2012 | |
ACTION BY CLERK. Granted: 10/29/2012 |
| 18 | | 09/24/2012 | |
Final Judgment entered by district court |
| 19 | | 09/25/2012 | |
3RD ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 25, 2012 (ENTRY NOS.140-143) |
| 20 | | 10/11/2012 | |
5th ELEC. SUPP. RECORD ON APPEAL DATED October 11, 2012 (ENTRY NOS. 147-149) |
| 21 | | 10/04/2012 | |
4th ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 4, 2012 (ENTRY NOS.144-146) |
| 22 | | 10/11/2012 | |
Notice of Substitution of Counsel effective 10-31-12 (substituting Ronald Galstad & Brian Balstad |
| 23 | | 10/11/2012 | |
for Patti Jo Jensen) |
| 24 | | 10/23/2012 | |
APPELLANT BRIEF |
| 25 | | 10/23/2012 | |
E-FILED BRIEF |
| 26 | | 10/23/2012 | |
APPELLANT APPENDIX |
| 27 | | 10/23/2012 | |
E-FILED APPENDIX |
| 28 | | 10/25/2012 | |
Corrected non-substative brief & appendix rec'd |
| 29 | | 10/29/2012 | |
Received $99.50 surcharge for ATB & ATA (Receipt#21561) |
| 30 | | 10/30/2012 | |
Rec'd 7 copies of ATB from CSD |
| 31 | | 10/30/2012 | |
Rec'd 6 copies of ATA from CSD |
| 32 | | 10/31/2012 | |
Ronald I. Galstad and Brian C. Balstad substituted as counsel for Appellee |
| 33 | | 11/21/2012 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support |
| 34 | | 11/21/2012 | |
ACTION BY CLERK. Granted: 12/14/2012 |
| 35 | | 12/17/2012 | |
Received $25 surcharge for AEB (Receipt #21627) |
| 36 | | 12/13/2012 | |
APPELLEE BRIEF (PDF) |
| 37 | | 12/13/2012 | |
E-FILED BRIEF (PDF) |
| 38 | | 12/13/2012 | |
Received courtesy copy of AEB in word |
| 39 | | 12/18/2012 | |
NOTICE OF ORAL ARGUMENT SENT |
| 40 | | 12/18/2012 | |
Received 7 copies of AEB from CSD |
| 41 | | 12/27/2012 | |
REPLY BRIEF (PDF) |
| 42 | | 12/27/2012 | |
E-FILED BRIEF (PDF) |
| 43 | | 12/28/2012 | |
Rcv'd 7 copies of RYB from CSD |
| 44 | | 01/07/2013 | |
APPEARANCES: Michael Hurly/Patti Jensen |
| 45 | | 01/07/2013 | |
ARGUED: Hurley/Jensen |
| 46 | | 01/07/2013 | |
ORAL ARGUMENT WEBCAST |
| 47 | | 02/05/2013 | |
MOTION FOR LEAVE TO CORRECT CLERICAL ERROR |
| 48 | | 02/05/2013 | |
E-FILED MOTION |
| 49 | | 02/11/2013 | |
ACTION BY CHIEF JUSTICE (granted remand). Granted |
| 50 | | 02/11/2013 | |
ORDER OF REMAND |
| 51 | | 02/11/2013 | |
Order/Judgment Sent to Parties |
| 52 | | 02/25/2013 | |
SUPPLEMENTAL ELEC. RECORD ON APPEAL DATED FEBRUARY 22, 2013(ENTRY NOS.152-166) |
| 53 | | 02/26/2013 | |
DISPOSITION: AFFIRMED |
| 54 | | 02/26/2013 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 55 | | 02/26/2013 | |
Costs on appeal taxed in favor of appellee |
| 56 | | 02/27/2013 | |
Judgment Sent to Parties |
| 57 | | 03/27/2013 | |
MANDATE |
| 58 | | 04/05/2013 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |