Jensen v. Deaver

20120373 Julie Jensen f/k/a Julie Deaver, Plaintiff and Appellee
v.
Derrick Deaver, Defendant and Appellant

Appeal from: District Court, Northeast Judicial District, Bottineau County
Judge Michael G. Sturdevant
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Robert S. Rau
Appellee: Michael S. McIntee
Term: 02/2013   Argument: 02/21/2013  1:30pm
ND cite: 2013 ND 47
NW cite: 828 N.W.2d 533

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1) Were the right's of Derrick violated by the Trial Court ignoring the requirements of Rule 8.2 NDROc and not affording him with notice and an opportunity to be heard at the time of the Ex Parte application.
2) Was the Trial Court's imposing of supervised and restricted time in error as it was not consistent with the standards set forth by law for restricting time and when no evidence supported that Order.
3) Were the Lower Courts Findings of Fact clearly erroneous.

Appellee's Statement of the Issues:
1. May the Supreme Court consider and review an Ex Parte Emergency Court Order suspending and modifying parenting time when the appeal is from a later Memorandum Opinion and Order entered after a subsequent hearing a month later and the Notice of Appeal and Statement of the Case do not indicate the appeal is from the prior order?
2. Whether the Trial Courts modification of parenting time is appropriate wherein a person in the non-custodial parent's home has sexually abused the parties' minor children and the non-custodial parent chooses not to protect the minor children from the abuse?
3. Whether there is evidence in the record to support a Trial Court's Findings that support the decision that prevents the non-custodial parent from having unsupervised parenting time?

Add Docket 20120373 RSS Add Docket 20120373 RSS

Docket entries:
110/09/2012 NOTICE OF APPEAL: 10/05/2012
210/09/2012 ORDER FOR TRANSCRIPT: 10/05/2012
311/06/2012 ELEC. RECORD ON APPEAL DATED NOVEMBER 5, 2012 (ENTRY NOS. 1-152)
411/15/2012 ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 14, 2012 (ENTRY NOS. 153-155)
511/21/2012 AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 21, 2012 (ENTRY NOS. 1-156) (25, 26, 37-40, 44-48, 92
611/21/2012 108, 109 on exhibits tab, 136 by U.S. Mail)
711/21/2012 TRANSCRIPT DATED July 31, 2012 & C.O.S.
811/21/2012 DISK (tra 7-31-12)(e-mailed)
912/21/2012 APPELLANT BRIEF
1012/21/2012 APPELLANT APPENDIX
1112/21/2012 DISK - ATB
1201/11/2013 MOT. EXT/TIME APPELLEE BRIEF
1301/14/2013 ACTION BY CLERK (with understanding heard in February). Granted: 02/01/2013
1401/24/2013 NOTICE OF ORAL ARGUMENT SENT
1501/29/2013 APPELLEE BRIEF
1601/29/2013 E-FILED BRIEF
1701/29/2013 APPELLEE APPENDIX
1801/29/2013 E-FILED APPENDIX
1901/30/2013 Rcv'd nonsubstantive correction to AEA (missing pg 222)
2001/30/2013 Rcv'd $98.50 surcharge for aeb & aea
2101/31/2013 Rcv'd 7 copies of AEB from CSD
2201/31/2013 Rcv'd 6 copies of AEA from CSD
2302/05/2013 REPLY BRIEF
2402/05/2013 DISK (RYB)
2502/21/2013 APPEARANCES: Robert S. Rau; Michael S. McIntee
2602/21/2013 ARGUED: Robert S. Rau; Michael S. McIntee
2702/21/2013 ORAL ARGUMENT WEBCAST
2804/04/2013 DISPOSITION: AFFIRMED
2904/04/2013 UNANIMOUS OPINION: VandeWalle, Gerald W.
3004/04/2013 Costs on appeal taxed in favor of appellee
3104/05/2013 Judgment Sent to Parties
3205/01/2013 MANDATE
3305/10/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/12/2014