Dieterle v. Dieterle
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| 20120329 |
Shannon R. Dieterle, Plaintiff and Appellee
v.
Angela L. Dieterle, Defendant and Appellant
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| Appeal from: |
District Court,
South Central Judicial District,
Sheridan County
Judge Donald L. Jorgensen |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
02/2013 Argument: 02/20/2013 02:45pm
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| ND cite: |
2013 ND 71
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Issue 1: The district court failed to apply the best interest factors, failed to make sufficient or proper findings as to any of the best interest factors, and failed to make proper findings of fact in regards to the domestic violence committed by
Shannon against Angie and the child, which were described through the testimony of Angie and her two other daughters, totally disregarding the testimony in one sentence where the district court found both the mother and her older twin daughters "not
credible."
Issue 2: The district erred in awarding primarily residential responsibility to Shannon.
Issue 3: The district court has improperly delegated its decision as to the issuance and content of the parenting plan to a parenting coordinator.
Issue 4: The district court, in awarding property, has made numerous and obvious mistakes, and failed to take into account the parties differences in income, Shannon's insistence that Angie quit her job, and both parties testimony that Angie should
be allowed to remain on the ranch.
Issue 5: The district court, in awarding spousal support, failed to take into account Angie quitting her job at the insistence of Shannon; moreover, the district court should have awarded Angie substantially more in spousal support given the
difference in income of the parties and the stated desire of both parties for Angie to be able to stay on the ranch.
Issue 6: In the event of a remand, the district court should not continue on the case due to the district court's demonstrated bias against Angie as shown by the district court's explicitly declaring Angie to have no credibility, ignoring any
countervailing evidence (even that submitted by the custody investigator), issuing factual findings that are absolutely incorrect or not supported by the evidence received, and failing to look at the evidence fairly and objectively.
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| 1 | | 08/21/2012 | |
NOTICE OF APPEAL: 08/20/2012 |
| 2 | | 08/22/2012 | |
ORDER FOR TRANSCRIPT: 08/22/2012 |
| 3 | | 08/28/2012 | |
Acknowledgment of Order for Transcript from Joyce Harnden |
| 4 | | 10/04/2012 | |
ELEC. RECORD ON APPEAL DATED 10/03/2012 (ENTRY NOS.1-319) |
| 5 | | 10/09/2012 | |
AMENDED ELEC. RECORD ON APPEAL DATED 10/08/2012 (ENTRY NOS.1-2, 5-321)(ENTRY NOS. 3 & 4 deleted) |
| 6 | | 10/10/2012 | |
TRANSCRIPTS DATED April 5, 2012; June 19, 2012; and June 20, 2012 & C.O.S. |
| 7 | | 10/10/2012 | |
DISK - TRA April 5, 2012; June 19, 2012; June 20, 2012 |
| 8 | | 10/12/2012 | |
TRANSCRIPT DATED October 19, 2011, and December 20, 2011 & C.O.S. |
| 9 | | 10/12/2012 | |
DISK - TRA October 19, 2011, and December 20, 2011 |
| 10 | | 11/16/2012 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 11/16/2012 | |
E-FILED MOTION |
| 12 | | 11/16/2012 | |
No objection to Mot. Ext./Time Appellant Brief from Appellee's counsel |
| 13 | | 11/16/2012 | |
ACTION BY CLERK (w/understanding OA will be held February 2013). Granted: 12/12/2012 |
| 14 | | 12/12/2012 | |
APPELLANT BRIEF (pdf) |
| 15 | | 12/12/2012 | |
E-FILED BRIEF (pdf) |
| 16 | | 12/12/2012 | |
APPELLANT APPENDIX |
| 17 | | 12/12/2012 | |
E-FILED APPENDIX |
| 18 | | 12/13/2012 | |
Received $25.00 e-filing surcharge for Appellant's Brief and $59.50 for Appendix (receipt #21616) |
| 19 | | 12/28/2012 | |
Received nonsubstantive changes to ATB and ATA |
| 20 | | 01/03/2013 | |
Received 7 copies of ATB from Central Duplicating |
| 21 | | 01/03/2013 | |
Received 6 copies of ATA from Central Duplicating |
| 22 | | 01/04/2013 | |
MOT. EXT/TIME APPELLEE BRIEF (sua sponte) |
| 23 | | 01/04/2013 | |
ACTION BY CLERK (sua sponte): 01/15/2013 |
| 24 | | 01/09/2013 | |
Received changes to ATB (statement of facts) |
| 25 | | 01/10/2013 | |
APPELLEE BRIEF |
| 26 | | 01/14/2013 | |
Received 7 copies of ATB (with corrected statement of facts) from CSD |
| 27 | | 01/18/2013 | |
Received corrections to AEB (Footnotes & TOA) |
| 28 | | 01/18/2013 | |
DISK (AEB)(e-mailed) |
| 29 | | 01/23/2013 | |
ELEC. SUPP. RECORD ON APPEAL DATED 11/21/12 (ENTRY NOS. 349-385) |
| 30 | | 01/23/2013 | |
2nd ELEC. SUPP. RECORD ON APPEAL DATED 11/21/12 (ENTRY NOS. 386-388) |
| 31 | | 01/23/2013 | |
3rd ELEC. SUPP. RECORD ON APPEAL DATED 1/22/13 (ENTRY NOS. 389-398) |
| 32 | | 01/23/2013 | |
4th ELEC. SUPP. RECORD ON APPEAL DATED 1/23/13 (ENTRY NOS. 321-348, 399) |
| 33 | | 01/24/2013 | |
NOTICE OF ORAL ARGUMENT SENT |
| 34 | | 01/25/2013 | |
REPLY BRIEF (pdf) |
| 35 | | 01/25/2013 | |
E-FILED BRIEF |
| 36 | | 01/25/2913 | |
Supplemental APPELLANT APPENDIX |
| 37 | | 01/25/2013 | |
E-FILED APPENDIX |
| 38 | | 01/28/2013 | |
received 7 copies of RYB from CSD |
| 39 | | 01/28/2013 | |
received 6 copies of Supplemental Appendix from CSD |
| 40 | | 01/25/2013 | |
Appellant's Motion and Brief to Require Appellee to Comply with N.D.R.App.P. 28 |
| 41 | | 01/25/2013 | |
E-FILED MOTION |
| 42 | | 01/28/2013 | |
Clerk directed to advise counsel the Motion filed 1/25/2013 will be considered |
| 43 | | 02/01/2013 | |
Appellant's Motion and Brief in Support of Motion for Stay of Judgment |
| 44 | | 02/01/2013 | |
E-FILED MOTION |
| 45 | | 02/01/2013 | |
ACTION BY ACTING CHIEF JUSTICE SANDSTROM. Denied |
| 46 | | 02/07/2013 | |
RESPONSE to Motion to Require Appellee to Comply with N.D.R.App.P. 28 |
| 47 | | 02/15/2013 | |
Reply to Motion to Require Appellee to Comply with N.D.R.App.P. 28 |
| 48 | | 02/15/2013 | |
EFILED REPLY |
| 49 | | 02/19/2013 | |
Rec'd non-substantive corrected page for Reply to Motion to Require Appellee to Comply with Rule 28 |
| 50 | | 02/20/2013 | |
ARGUED: Lynn M. Boughey; Rodney E. Pagel |
| 51 | | 02/20/2013 | |
APPEARANCES: Lynn M. Boughey; Rodney E. Pagel |
| 52 | | 02/20/2013 | |
ORAL ARGUMENT WEBCAST |
| 53 | | 04/04/2013 | |
Appellant's Motion and Brief in Support of Motion for Stay of Judgment |
| 54 | | 04/04/2013 | |
E-FILED MOTION |
| 55 | | 04/10/2013 | |
ACTION BY SUPREME COURT. Denied |
| 56 | | 05/14/2013 | |
NO ACTION TAKEN - Motion to Require Appellee to Comply with N.D.R.App.P. 28 |
| 57 | | 05/14/2013 | |
DISPOSITION: AFFIRMED IN PT AND REMANDED |
| 58 | | 05/14/2013 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 59 | | 05/14/2013 | |
Concur in the result: Crothers, Daniel John: CON/RES |
| 60 | | 05/14/2013 | |
Costs on appeal taxed in favor of Appellee |
| 61 | | 06/13/2013 | |
MANDATE |