Dieterle v. Dieterle

20120329 Shannon R. Dieterle, Plaintiff and Appellee
v.
Angela L. Dieterle, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Sheridan County
Judge Donald L. Jorgensen
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Lynn M. Boughey
Appellee: Rodney Ervin Pagel
Term: 02/2013   Argument: 02/20/2013  2:45pm
ND cite: 2013 ND 71
NW cite: 830 N.W.2d 571

Listen to recording of oral argument in MP3 format
Listen to recording of oral argument in RM format
using RealPlayer Basic,© a free download.

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.

Add Docket 20120329 RSS Add Docket 20120329 RSS

Docket entries:
108/21/2012 NOTICE OF APPEAL: 08/20/2012
208/22/2012 ORDER FOR TRANSCRIPT: 08/22/2012
308/28/2012 Acknowledgment of Order for Transcript from Joyce Harnden
410/04/2012 ELEC. RECORD ON APPEAL DATED 10/03/2012 (ENTRY NOS.1-319)
510/09/2012 AMENDED ELEC. RECORD ON APPEAL DATED 10/08/2012 (ENTRY NOS.1-2, 5-321)(ENTRY NOS. 3 & 4 deleted)
610/10/2012 TRANSCRIPTS DATED April 5, 2012; June 19, 2012; and June 20, 2012 & C.O.S.
710/10/2012 DISK - TRA April 5, 2012; June 19, 2012; June 20, 2012
810/12/2012 TRANSCRIPT DATED October 19, 2011, and December 20, 2011 & C.O.S.
910/12/2012 DISK - TRA October 19, 2011, and December 20, 2011
1011/16/2012 MOT. EXT/TIME APPELLANT BRIEF
1111/16/2012 E-FILED MOTION
1211/16/2012 No objection to Mot. Ext./Time Appellant Brief from Appellee's counsel
1311/16/2012 ACTION BY CLERK (w/understanding OA will be held February 2013). Granted: 12/12/2012
1412/12/2012 APPELLANT BRIEF (pdf)
1512/12/2012 E-FILED BRIEF (pdf)
1612/12/2012 APPELLANT APPENDIX
1712/12/2012 E-FILED APPENDIX
1812/13/2012 Received $25.00 e-filing surcharge for Appellant's Brief and $59.50 for Appendix (receipt #21616)
1912/28/2012 Received nonsubstantive changes to ATB and ATA
2001/03/2013 Received 7 copies of ATB from Central Duplicating
2101/03/2013 Received 6 copies of ATA from Central Duplicating
2201/04/2013 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
2301/04/2013 ACTION BY CLERK (sua sponte): 01/15/2013
2401/09/2013 Received changes to ATB (statement of facts)
2501/10/2013 APPELLEE BRIEF
2601/14/2013 Received 7 copies of ATB (with corrected statement of facts) from CSD
2701/18/2013 Received corrections to AEB (Footnotes & TOA)
2801/18/2013 DISK (AEB)(e-mailed)
2901/23/2013 ELEC. SUPP. RECORD ON APPEAL DATED 11/21/12 (ENTRY NOS. 349-385)
3001/23/2013 2nd ELEC. SUPP. RECORD ON APPEAL DATED 11/21/12 (ENTRY NOS. 386-388)
3101/23/2013 3rd ELEC. SUPP. RECORD ON APPEAL DATED 1/22/13 (ENTRY NOS. 389-398)
3201/23/2013 4th ELEC. SUPP. RECORD ON APPEAL DATED 1/23/13 (ENTRY NOS. 321-348, 399)
3301/24/2013 NOTICE OF ORAL ARGUMENT SENT
3401/25/2013 REPLY BRIEF (pdf)
3501/25/2013 E-FILED BRIEF
3601/25/2913 Supplemental APPELLANT APPENDIX
3701/25/2013 E-FILED APPENDIX
3801/28/2013 received 7 copies of RYB from CSD
3901/28/2013 received 6 copies of Supplemental Appendix from CSD
4001/25/2013 Appellant's Motion and Brief to Require Appellee to Comply with N.D.R.App.P. 28
4101/25/2013 E-FILED MOTION
4201/28/2013 Clerk directed to advise counsel the Motion filed 1/25/2013 will be considered
4302/01/2013 Appellant's Motion and Brief in Support of Motion for Stay of Judgment
4402/01/2013 E-FILED MOTION
4502/01/2013 ACTION BY ACTING CHIEF JUSTICE SANDSTROM. Denied
4602/07/2013 RESPONSE to Motion to Require Appellee to Comply with N.D.R.App.P. 28
4702/15/2013 Reply to Motion to Require Appellee to Comply with N.D.R.App.P. 28
4802/15/2013 EFILED REPLY
4902/19/2013 Rec'd non-substantive corrected page for Reply to Motion to Require Appellee to Comply with Rule 28
5002/20/2013 ARGUED: Lynn M. Boughey; Rodney E. Pagel
5102/20/2013 APPEARANCES: Lynn M. Boughey; Rodney E. Pagel
5202/20/2013 ORAL ARGUMENT WEBCAST
5304/04/2013 Appellant's Motion and Brief in Support of Motion for Stay of Judgment
5404/04/2013 E-FILED MOTION
5504/10/2013 ACTION BY SUPREME COURT. Denied
5605/14/2013 NO ACTION TAKEN - Motion to Require Appellee to Comply with N.D.R.App.P. 28
5705/14/2013 DISPOSITION: AFFIRMED IN PT AND REMANDED
5805/14/2013 UNANIMOUS OPINION: Kapsner, Carol Ronning
5905/14/2013 Concur in the result: Crothers, Daniel John: CON/RES
6005/14/2013 Costs on appeal taxed in favor of Appellee
6106/13/2013 MANDATE
6206/20/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/31/2014