Conzemius v. Conzemius

20130125 Trista Marie Conzemius, Plaintiff, Appellant
and Cross-Appellee
v.
Chad Thomas Conzemius, Defendant, Appellee
and Cross-Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Wickham Corwin
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Michael Lee Gjesdahl
Appellee: Jonathan T. Garaas
Term: 11/2013   Argument: 11/06/2013  10:05am
ND cite: 2014 ND 5
NW cite: 841 N.W.2d 716

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Issues: Appellant's Statement of the Issues:
Alcohol Restriction? Should it, at least, have restrained Chad from being under the influence of alcohol during his parenting time?
Expanded Summer Parenting Time? Did the District Court clearly err in: (a) awarding Chad six weeks of expanded summer parenting time; (b) refusing to allow the parties' son to re-testify, after learning his dad didn't exercise four weeks of summer parenting time; and (c) allowing Chad to dictate Trista's summer schedule?
Equitable Distribution Errors? Did the District Court clearly err in its asset and debt distribution by: (a) ignoring the tax impact on the parties' tax-deferred retirement accounts; (b) ignoring Chad's waste and dissipation; and (c) under-valuing the parties' 20% interest in a closely held water-hauling business, Schiele Mobility?
Errors in Child and Spousal Support Findings? Did the District Court clearly err in understating Chad's gross annual income for support purposes?
Spousal Support Errors? Did the District Court clearly err by not awarding Trista spousal support?

Appellee's Statement of the Issues:
1. Did the trial court err in determining the existence of $40,500 of marital assets when there is no personal property, tangible or intangible, that could possibly exist?
2. Did the trial court err in requiring CHAD reimburse TRISTA in the amount of $30,000 of attorney's fees and costs?

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Docket entries:
104/22/2013 NOTICE OF APPEAL: 04/22/2013
204/22/2013 ORDER FOR TRANSCRIPT: 04/22/2013
305/03/2013 ELEC. SUPP. RECORD ON APPEAL DATED MAY 3, 2013 (ENTRY NOS. 311-313)
405/06/2013 NOTICE OF CROSS APPEAL
505/13/2013 ELEC. RECORD ON APPEAL DATED May 10, 2013 (ENTRY NOS. 1-135, 137-223, 225-232, 234-315)
606/10/2013 MOT. EXT/TIME TRANSCRIPT
706/10/2013 ACTION BY TRIAL COURT. Granted: 07/21/2013
806/12/2013 2d
907/15/2013 TRANSCRIPTS DATED April 9, 2012; December 3, 2012; December 4, 2012; and December 5, 2012, & C.O.S.
1007/15/2013 DISK - TRA dated April 9, 2012; December 3, 2012; December 4, 2012, & December 5, 2012 (e-mailed)
1107/19/2013 ELEC. SUPP. RECORD ON APPEAL DATED July 19, 2013 (ENTRY NOS. 319-320)
1208/22/2013 APPELLANT BRIEF
1308/22/2013 APPELLANT APPENDIX
1409/05/2013 Corrected Appellant's Brief (non-substantive changes) and Appellant's Appendix Cover Page
1509/05/2013 DISK - ATB (e-mailed)
1609/23/2013 APPELLEE BRIEF
1709/23/2013 DISK-(AEB)(CD-Rom)
1810/10/2013 Rec'd non-compliant RYB brief; sent back for revision (over word limit)(32)(7)(a)
1910/11/2013 NOTICE OF ORAL ARGUMENT SENT
2010/14/2013 REPLY BRIEF
2110/14/2013 DISK-(RYB) (emailed)
2211/06/2013 APPEARANCES: Michael Gjesdahl/Jonathan Garaas
2311/06/2013 ARGUED: Gjesdahl/Garaas
2401/02/2014 ANNOUNCED DISQUALIFICATION: McEvers, Lisa K. Fair
2501/02/2014 SITTING WITH THE COURT: Maring, Mary Muehlen
2601/14/2014 DISPOSITION: AFFIRMED
2701/14/2014 SPLIT OPINION: Sandstrom, Dale V.
2801/14/2014 CONUR IN PART AND DISSENT IN PART: Kapsner, Carol Ronning: CON/DIS
2901/14/2014 JOIN IN THE CONCUR IN PART AND DISSENT IN PART: Maring, Mary Muehlen: JN/CON
3001/15/2014 Judgment Sent to Parties
3102/07/2014 MANDATE
3202/11/2014 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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