Frey v. Frey

20120378 Elizabeth A. Frey, n/k/a Wonser, Plaintiff and Appellee
v.
Gardell Q. Frey, Defendant and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Bruce A. Romanick
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Daniel Harry Oster
Appellee: Kent M. Morrow
Term: 04/2013   Argument: 04/24/2013  1:30pm
ND cite: 2013 ND 100
NW cite: 831 N.W.2d 753

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Issues: Appellant's Statement of the Issues:
1. The trial court erred by considering evidence that had been excluded pursuant to a motion in limine.
2. That the trial court erred in finding that there were no material changes in circumstances.
3. That the trial court erred by failing to consider what occurred after the interim order was entered.
4. That the trial court erred by placing too much weight upon the primary care taker status and failed to property address the best interest factors.
5. That the trial court erred by modifying the defendant's child support obligation without a motion before the trial court.
6. That trial court erred by not establishing a child support obligation during the interim order period.

Appellee's Statement of the Issues:
Did the Trial Court abuse its discretion in denying Gardell's Motion for Change of Primary Residential Responsibility?

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Docket entries:
110/12/2012 NOTICE OF APPEAL: 10/11/2012
210/12/2012 ORDER FOR TRANSCRIPT: 10/11/2012
310/15/2012 Amended Notice of Filing of the Notice of Appeal
410/16/2012 ADMISSION OF SERVICE OF ORDER FOR TRANSCRIPT BY LISA SOMA, COURT REPORTER
511/07/2012 Amended Judgment entered in district court
611/13/2012 ELEC. RECORD ON APPEAL DATED NOVEMBER 13, 2012 (ENTRY NOS. 1-18, 20-94) (19 MISFILED)
711/30/2012 TRANSCRIPT DATED August 24, 2012 & C.O.S.
811/30/2012 DISK- Tra (08/24/2012) e-mailed
912/03/2012 MOTION FOR Withdrawal as Counsel (Kent Morrow for Appellee)
1012/03/2012 ACTION BY CHIEF JUSTICE. Granted
1101/07/2013 MOT. EXT/TIME APPELLANT BRIEF
1201/07/2013 E-FILED MOTION
1301/07/2013 ACTION BY CLERK. Granted: 02/08/2013
1402/08/2013 APPELLANT BRIEF
1502/08/2013 APPELLANT APPENDIX
1602/08/2013 DISK(ATB)(e-mailed)
1702/20/2013 NOTICE OF APPEARANCE FOR ELIZABETH FREY BY KENT M. MORROW
1802/22/2013 Rcv'd corrected title pages for ATB & ATA w/ COS
1902/22/2013 DISK(atb)(e-mailed)
2003/07/2013 APPELLEE BRIEF
2103/07/2013 E-FILED BRIEF
2203/08/2013 Received $25 surcharge for AEB (Receipt #21735)
2303/13/2013 Rec'd corrected title page for AEB w/COS
2403/14/2013 Rec'd 7 copies of AEB from Central Duplicating
2503/18/2013 NOTICE OF ORAL ARGUMENT SENT
2604/24/2013 APPEARANCES: Daniel Oster/Kent Morrow
2704/24/2013 ARGUED: Oster/Morrow
2804/24/2013 ORAL ARGUMENT WEBCAST
2906/19/2013 DISPOSITION (Affirmed in Part, Reversed in Part and Remanded): AFFIRMED/PT, REVERSED/PT
3006/19/2013 UNANIMOUS OPINION: Crothers, Daniel John
3106/19/2013 neither party have and recover costs on this appeal
3206/20/2013 Judgment Sent to Parties
3307/25/2013 MANDATE
3407/29/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/24/2014