Sall v. Sall

20120448 Duane C. Sall, Plaintiff and Appellee
v.
Caryn J. Sall,
n/k/a Caryn J. Weber, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Lisa K. Fair McEvers
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Pro se
Appellee: Robert John Schultz
Term: 05/2013   Argument: 05/01/2013  10:30am
ND cite: 2013 ND 108
NW cite: 833 N.W.2d 417

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
112/27/2012 NOTICE OF APPEAL: 12/27/2012
212/27/2012 ORDER FOR TRANSCRIPT: 12/27/2012
301/22/2013 TRANSCRIPT DATED 11/30/12 & C.O.S.
401/23/2013 DISK-Transcript dated 11/30/12 (e-mailed)
501/23/2013 TRANSCRIPTS DATED MARCH 7, 2012 & OCTOBER 17, 2012 & C.O.S.
601/23/2013 DISK-Transcripts (3/7/12 & 10/17/12)(e-mailed)
701/30/2013 ELEC. RECORD ON APPEAL DATED January 29, 2013 (ENTRY NOS. 1-494)
802/06/2013 ELEC.AMENDED ROA DATED 2/6/2013(ENTRY NOS. 1-27, 29, 31-41, 43, 45-48, 56, 69,76, 79-149, 151-163)
902/06/2013 165-187, 189-212, 214-495)
1002/06/2013 Items not sent(28, 30, 42, 44, 49-55, 57-68, 70-75, 77, 78, 150, 164, 188, 213)
1103/01/2013 APPELLANT BRIEF
1203/01/2013 APPELLANT APPENDIX
1303/01/2013 DISK(ATB)
1403/29/2013 APPELLEE BRIEF
1503/29/2013 E-FILED BRIEF
1604/03/2013 Received the $25 surcharge for the AEB (Receipt #21777)
1704/04/2013 Received 7 copies of the AEB from Central Duplicating
1804/05/2013 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
1904/05/2013 E-FILED MOTION
2004/18/2013 NOTICE OF ORAL ARGUMENT SENT
2104/30/2013 ACTION BY SUPREME COURT. Granted
2205/01/2013 APPEARANCES: Caryn J. Weber; Appellee waived under N.D.R.App.P. 34(f)
2305/01/2013 ARGUED: Caryn J. Weber; Appellee waived
2405/01/2013 ORAL ARGUMENT WEBCAST
2506/19/2013 DISPOSITION: AFFIRMED
2606/19/2013 UNANIMOUS OPINION: Sandstrom, Dale V.
2706/19/2013 Costs on appeal taxed in favor of the Appellee
2806/20/2013 Judgment Sent to Parties
2907/03/2013 PETITION FOR REHEARING
3007/03/2013 DISK(PER)
3107/18/2013 Denied Petition for Rehearing. Denied: 07/18/2013
3208/14/2013 MANDATE
3308/20/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3410/21/2013 Writ of Certiorari filed in U.S. Supreme Court October 18, 2013
3501/21/2014 Letter from U.S. Supreme Court Denying Petition for Writ of Certiorari

Generated from Supreme Court Docket on 11/21/2014