Matter of C.J.S.

20120370 In the Matter of C.J.S. for Name Change
-----------------------------------------
Rozalyn Rinde, Petitioner and Appellee
v.
Glenn Stegman, Respondent and Appellant

Appeal from: District Court, Northeast Judicial District, Pembina County
Judge Donovan John Foughty
Nature of Action: Other (Civil)
Counsel:
Appellee: Todd Daniel Burianek
Appellant: Pro se
Term: 03/2013   Argument: 03/07/2013  Waived
ND cite: 2013 ND 45
NW cite: 832 N.W.2d 334


Issues: Appellant's Statement of the Issues:
1.Whether or not the district court made a clearly erroneous decision by changing the name of a minor child without making a finding of fact that there was a proper and reasonable cause for proposed name change , and that name change was in the best interest of the child.
2.Whether or not the district court abused it's discretion by changing the name of a minor child without making a finding of fact that there was proper and reasonable cause for the poroposed name change, and that name change was in the best interest of the child.
3.Whether the instructions given in the notice of hearing were too confusing, or vauge, for the appellant to understand what needed to be done to appear telephonically.

Appellee's Statement of the Issues:
1.There was proper and reasonable cause to change the child's surname.
2.The Notice of Hearing was neither vague nor ambiguous and gave instructions as to how Stegman could appear telephonically.

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Docket entries:
110/04/2012 NOTICE OF APPEAL: 10/01/2012
210/04/2012 ORDER FOR TRANSCRIPT: 10/01/2012
310/10/2012 Application to Proceed In Forma Pauperis
410/10/2012 ACTION BY CLERK (filing fee is waived). Granted
511/01/2012 ELEC. RECORD ON APPEAL DATED October 31, 2012 (ENTRY NOS.1-29)
611/02/2012 Transcript preparation suspended per Court Reporter Stittsworth's letter dated 10-18-12
711/02/2012 E-mail from Wendy Stittsworth advising preparation of transcript has resumed
811/02/2012 Letter from Glenn Stegman dated 10-31-12 re: due date for ATB
911/13/2012 TRANSCRIPT DATED September 11, 2012 & C.O.S.
1011/16/2012 Corrected TRANSCRIPT DATED September 11, 2012 & C.O.S.
1111/16/2012 DISK - tra (9/11/12)
1212/26/2012 APPELLANT BRIEF
1312/26/2012 APPELLANT APPENDIX
1401/08/2013 Received 8 cc of NOA for ATA
1501/08/2013 DISK NONCOMPLIANCE - for ATB
1601/23/2013 APPELLEE BRIEF
1701/23/2013 E-FILED BRIEF
1801/23/2013 APPELLEE APPENDIX
1901/23/2013 E-FILED APPENDIX
2001/24/2013 Rcv'd $25 surcharge for AEB & AEA (Receipt #21668)
2102/01/2013 Rcv'd nonsubstantive corrections to aea? (title, pg brks, margins)
2202/05/2013 Received 7 copies of AEB from CSD
2302/05/2013 Received 6 copies of AEA from CSD
2402/06/2013 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
2502/06/2013 E-FILED MOTION
2602/07/2013 REPLY BRIEF
2702/07/2013 DISK NONCOMPLIANCE (scanned)
2802/08/2013 Letter dated 2/6/13 that Appellant will not be transported for oral argument
2902/13/2013 NOTICE OF ORAL ARGUMENT SENT
3002/18/2013 ACTION BY SUPREME COURT (REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE). Granted
3103/07/2013 APPEARANCES: Appellant waived under N.D.R.App.P. (e) and for Appellee under N.D.R.App.P. (f)
3203/07/2013 ARGUED: Waived
3304/04/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3404/04/2013 UNANIMOUS OPINION: Per Curiam
3504/04/2013 Costs taxed in favor of Appellee
3605/01/2013 MANDATE

Generated from Supreme Court Docket on 12/17/2014