Sall v. Sall
Duane C. Sall, Plaintiff and Appellee
Caryn J. Sall,
n/k/a Caryn J. Weber, Defendant and Appellant
East Central Judicial District,
Judge Lisa K. Fair McEvers
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||05/2013  Argument: 05/01/2013 10:30am|
|ND cite:||2013 ND 108|
833 N.W.2d 417
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Did the Court err barring Weber's entire motion by res judicata?
2. Did the Court err ruling Weber's motion untimely, frivolous, and imposing $500 sanction for seeking reflief from a wrongfully entered judgment?
3. Did the Court err by upholding entrance of the Fourth Amended Judgment?
4. Did the Court err by exempting Sall from application of N.D.C.C. 14-08.1-05?
5. Was it error to deny Weber interest due on unpaid direct child support?
6. Did the Court err not holding Sall in contempt?
Appellee's Statement of the Issues:
I. Did the District Court Abuse Its Discretion When Denying Weber's Motion for Relief from Judgment and Order Under Rule 60 and Request for Application of Findings?
A. Is Weber's Motion Barred by Res Judicata?
B. Is Weber's Motion Untimely?
C. Is Weber's Motion Frivolous?
2. Did the District Court Abuse Its Discretion in Denying to Find Sall in Contempt of Court?
3. Is Weber's Appeal Precluded by Accord and Satisfaction?
4. Did Weber Waived Her Right to Appeal by Acceptance of Benefits?
5. Is Weber's Appeal Frivolous?
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|1||12/27/2012||NOTICE OF APPEAL: 12/27/2012|
|2||12/27/2012||ORDER FOR TRANSCRIPT: 12/27/2012|
|3||01/22/2013||TRANSCRIPT DATED 11/30/12 & C.O.S.|
|4||01/23/2013||DISK-Transcript dated 11/30/12 (e-mailed)|
|5||01/23/2013||TRANSCRIPTS DATED MARCH 7, 2012 & OCTOBER 17, 2012 & C.O.S.|
|6||01/23/2013||DISK-Transcripts (3/7/12 & 10/17/12)(e-mailed)|
|7||01/30/2013||ELEC. RECORD ON APPEAL DATED January 29, 2013 (ENTRY NOS. 1-494)|
|8||02/06/2013||ELEC.AMENDED ROA DATED 2/6/2013(ENTRY NOS. 1-27, 29, 31-41, 43, 45-48, 56, 69,76, 79-149, 151-163)|
|9||02/06/2013||165-187, 189-212, 214-495)|
|10||02/06/2013||Items not sent(28, 30, 42, 44, 49-55, 57-68, 70-75, 77, 78, 150, 164, 188, 213)|
|16||04/03/2013||Received the $25 surcharge for the AEB (Receipt #21777)|
|17||04/04/2013||Received 7 copies of the AEB from Central Duplicating|
|18||04/05/2013||REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE|
|20||04/18/2013||NOTICE OF ORAL ARGUMENT SENT|
|21||04/30/2013||ACTION BY SUPREME COURT. Granted|
|22||05/01/2013||APPEARANCES: Caryn J. Weber; Appellee waived under N.D.R.App.P. 34(f)|
|23||05/01/2013||ARGUED: Caryn J. Weber; Appellee waived|
|24||05/01/2013||ORAL ARGUMENT WEBCAST|
|26||06/19/2013||UNANIMOUS OPINION: Sandstrom, Dale V.|
|27||06/19/2013||Costs on appeal taxed in favor of the Appellee|
|28||06/20/2013||Judgment Sent to Parties|
|29||07/03/2013||PETITION FOR REHEARING|
|31||07/18/2013||Denied Petition for Rehearing. Denied: 07/18/2013|
|33||08/20/2013||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|34||10/21/2013||Writ of Certiorari filed in U.S. Supreme Court October 18, 2013|
|35||01/21/2014||Letter from U.S. Supreme Court Denying Petition for Writ of Certiorari|