State ex rel. Heitkamp v. Family Life Serv

990212

State of North Dakota ex rel.
Heidi Heitkamp, Attorney General, Plaintiff and Appellee
v.
Family Life Services, Inc., dba
Family Life Credit Services, and
Gary Chaffin, Defendants and Appellants
and
American Family Credit Services,
et al., Defendants

Appeal from:

District Court, East Central Judicial District, Cass County
Judge Donovan John Foughty

Nature of Action:

Constitutional Law

Counsel:

Appellant:		Peter B. Crary
Appellee:		David W. Huey , Att. General Office
Defendant:		Karen Sue Prout
Defendant:		Richard David Varriano
Defendant:		Pro se
Defendant:		Pro se
Defendant:		Pro se
Receiver:		Bruce Hilding Carlson
Defendant:		Pro se
Appellant:		Lawyer not licensed in N.D.
Appellant:		Lawyer not licensed in N.D.
Appellant:		Lawyer not licensed in N.D.
Appellee:		Andrew Moraghan , Att. General Office
Appellee:		Todd Adam Sattler , Att. General Office

Term:

05/2000 Argument: 05/18/2000 02:45pm

ND cite:

2000 ND 166

NW cite:

616 N.W.2d 826

Issues:

Appellant's Statement of the Issues:
Family Life Services Statement of Issues:
1. Did the court below lack subject matter jurisdiction?
2. Did the court below lack authority under state law to dismantle and reconstitute the Board of Directors of Family Life Services, Inc.?
3. By dismantling and reconstituting the FLS Board, did the court below violate the Establishment and Free Exercise Clauses of the First Amendment and the Fourteenth Amendment of the United States Constitution?
4. By dismantling and reconstituting the FLS Board, did the court below violate Article I, Section 3 of the North Dakota Constitution?

Charlene Uchtman's Statement of Issues:
I.Is The district court's judgment against Charlene Uchtman void for lack of jurisdiction where the state's action against her had previously been dismissed without prejudice?
II. Did the district court's jurisdiction over FLS give it jurisdiction over FLS Corporate Director Charlene Uchtman?

Patricia Larson's Statement of the Issues:
I.Did the trial court err in assuming jurisdiction to enter a judgment against Patricia Larson removing her from the board of directors of Family Life Services, Inc., when it had dismissed her from the case with prejudice ten months earlier?
II.Did the trial court err when it held that jurisdiction over a corporation is equivalent without more to jurisdiction over the directors of that corporation?

Lyn Sahr's Statement of Issues
I.Is this appeal moot?
II.Did the district court's refusal to allow me to put on a defense violate the due process clause of the Fourteenth Amendment?
III.Did the district court err in concluding that I breached the fiduciary duties I owed to HCM?

Dennis Uchtman's Statement of Issues
I.Is this appeal moot?
II.Did the district court's refusal to allow me to put on a defense violate the due process clause of the Fourteenth Amendment?
III.Did the district court's misleading statements to me during trial constitute reversible error?
IV.Did the district court err in concluding that I breached the fiduciary duties I owed to HCM?

Darold Larson's Statement of Issues
1. Was it improper for me to be the head minister of Help and Caring Ministries and associate agencies under a hierarchical form of government?
2. Did I breach my fiduciary duty towards Help and Caring Ministries and Family Life Services?

Help & Caring Ministries Statement of Issues:
1. Did the trial court violate the Establishment Clause and the Free Exercise Clause by redefining the governing structure of Help and Caring Ministries? 2. Did Joseph Larson violate his fiduciary duty to Help and Caring Ministries? 3. Did the trial court err is removing Benjamin Larson from the Board of Directors of Family Life Services, Inc.? 4. Did Diamond Card International, Inc. receive income in violation of NDCC 10- 24-26?

Gary Chaffin's Statement of Issues:
1. Did Mr. Chaffin breach his fiduciary duty to FLS?
2. Did the Court deny Mr. Chaffin due process of law in removing him from the board of directors of FLS?

Appellee's Statement of the Issues:
1. Whether the Judgment meets the requirements of the establishment Clause of the First Amendment. A. Wwhether the Judgment has a secular purpose. B Whether the principal effect of the Judgment neither advances nor inhibits religion. C. Whether the Judgment fosters an excessive entanglement with religion.
2. Whether the Judgment meets the requirements of the Free Exercise Clause of the First Amendment. A. Whether FLS operates a primarily secular credit counseling business. B. Whether the Judgment interferes with any religious acts claimed by FLS. C. Whether the alleged interference was "incidental" rather than "purposeful."
3. Whether the Judgment meets the requirements of Article I, Section 3, of the North Dakota Constitution.
4. Whether the Attorney General had authority to commence proceedings against FLS.
5. Whether the trial court had authority to remove and replace FLS directors.

Add Docket 990212 RSS

Docket entries:

1	07/13/1999	NOTICE OF APPEAL: 07/09/1999
2	07/13/1999	ORDER FOR TRANSCRIPT (Wendy Asperheim & Arnold Strand): 07/09/1999
3	07/14/1999	CONSOLIDATED w/990215, 990216, 990220, 990222, 990228 & 990229. MAKE ALL DOCKET ENTRIES,
4	07/14/1999	EXCEPT DIS & MAN, IN 990212.
5	07/20/1999	RETENTION OF RECORD ON APPEAL & Acknowledgement of transcript order: 10/05/1999
6	07/20/1999	MOTION FOR REMAND (Letter Request from Judge Foughty dated 7-19-99)
7	07/20/1999	ACTION BY CHIEF JUSTICE. granted
8	07/20/1999	Faxed copy of letter from Peter Crary RE: NOA matters
9	07/21/1999	ORDER OF REMAND
10	07/21/1999	Order of Temporary Remand Mailed to Parties
11	07/21/1999	Letter from Peter Crary dated 7-20-99 RE: NOA matters
12	08/13/1999	MOT. EXT/TIME TRANSCRIPT
13	08/13/1999	ACTION BY TRIAL COURT. granted: 10/05/1999
14	08/20/1999	Letter from Peter Crary dated 8-19-99 RE: Does filing of briefs commence when entire TRA is filed?
15	08/23/1999	TRANSCRIPTS DATED March 6, 1998, April 27, 1998, April 28, 1998, April 29, 1998, April 30, 1998,
16	08/23/1999	May 1, 1998, May 4, 1998, May 5, 1998, May 6, 1998 (Vol. VIII), May 6, 1998 (Vol. IX),
17	08/23/1999	May 7, 1998, May 8, 1998, June 30, 1998, July 1, 1998, July 2, 1998, July 6, 1998, July 7, 1998,
18	08/23/1999	July 8, 1998, July 9, 1998, July 10, 1998, August 24, 1998, August 25, 1998, (Vol. I thru XXI)
19	08/24/1999	TRANSCRIPTS DATED August 26, 1998, August 27, 1998, August 28, 1998, September 21, 1998,
20	08/24/1999	September 22, 1998, September 23, 1998, September 24, 1998,
21	08/24/1999	September 25, 1998, September 28, 1998, September 29, 1998, September 30, 1998, October 1, 1998,
22	08/24/1999	April 30, 1999, June 17, 1998. (Vol. XXII thru XXXIII)
23	08/25/1999	DISK - TRA's Filed 8-23-99 & 8-24-99
24	08/25/1999	MOTION FOR RELEASE OF FUNDS TO RETAIN APPELLATE COUNSEL; AFF. OF PETER B. CRARY; BRIEF IN SUPPORT. RSPDU: 08/31/1999
25	08/25/1999	(w/attach.)
26	08/26/1999	TRANSCRIPTS DATED January 25, 1996, March 4, 1996, April 30, 1996, June 20, 1996 (Mot. to Receive
27	08/26/1999	Interim Compensation), June 20, 1996 (Motion for Summary Judgment), December 12, 1996,
28	08/26/1999	January 2, 1997, & February 24, 1997
29	08/26/1999	TRANSCRIPTS DATED January 24, 1996, April 3, 1996, May 1, 1996, July 18, 1996 & October 9, 1996.
30	08/26/1999	Please note the originals of these TRA's should be part of the trial court record.
31	08/27/1999	DISK - TRA's 1-25-96, 3-4-96, 4-30-96, 6-20-96 (2), 12-12-96, 01-02-97, & 02-24-97
32	08/27/1999	DISK NONCOMPLIANCE - Certificates (2 in letter form) Vicky Matthys & Steven Randall on TRA's filed
33	08/27/1999	01-24-96, 04-03-96, 05-01-96, 07-18-96 & 10-09-96
34	08/31/1999	BRIEF IN OPPOSITION TO MOT. FOR RELEASE OF FUNDS TO RETAIN APPELLATE COUNSEL; APPENDIX; DISK (MOT)
35	09/07/1999	Appellant Family Life Services' Reply to State's Opposition to Motion for Release
36	09/07/1999	Letter from Peter Crary re: one more transcript to be filed by Arnie Strand
37	09/07/1999	MOT. EXT/TIME TRANSCRIPT (Arnie Strand/attached to letter from Crary)
38	09/07/1999	ACTION BY SUPREME COURT (MTR/Hoberg/Strand). Granted: 10/05/1999
39	09/08/1999	ACTION BY SUPREME COURT. granted
40	09/08/1999	ORDER OF REMAND
41	09/08/1999	Order of Remand Mailed to Parties
42	09/20/1999	RENEWED MOTION FOR RELEASE OF FUNDS TO RETAIN APPELLATE COUNSEL, MOTION FOR PARTIAL STAY OF JUDGMEN
43	09/20/1999	BRIEF IN SUPPORT, SYNOPSIS OF THE RECORD AND AFFIDAVIT OF PETER CRARY
44	09/22/1999	ACTION BY SUPREME COURT (MOT/stay & remand to renew motion for release of funds). Granted
45	09/23/1999	ORDER OF REMAND
46	09/23/1999	Order Mailed to Parties
47	09/28/1999	MOT. EXT/TIME TRANSCRIPT (Arnold Strand)
48	09/28/1999	ACTION BY CLERK. granted: 11/05/1999
49	10/14/1999	DISK - Findings of Fact, Order Denying Motion, Order, Order Denying Mot for New Trial
50	10/14/1999	DISK - Opposition to Motion for Release of Funds to Retain Appellate Counsel
51	10/14/1999	DISK - Judgment
52	10/14/1999	DISK NONCOMPLIANCE - Briefs of 8-23-99 & 9-17-99 On MacIntosh not compatible w/word perfect
53	10/26/1999	Cy of Memorandum and Order dated October 25, 1999 and signed by Judge D. Foughty and Order
54	10/26/1999	Regarding Motions dated October 25, 1999 and signed by Judge Foughty w/Aff. of Service & disk
55	10/26/1999	DISK - Memorandum & order of 10-25-99 & Order re Motions of 10-25-99
56	11/01/1999	Third Motion for Release of Funds to Retain Appellate Counsel & Affidavit of Peter Crary. RspDue: 11/08/1999
57	11/02/1999	Attorney General's Request to Respond to Motion (Mr. Huey can file a response by noon, 11-8-99)
58	11/03/1999	Affidavit of Service by Mail dated 11-2-99 mailing copies of Mr. Huey's letter dated 11-2-99
59	11/08/1999	BRIEF OPPOSING DEFENDANT'S THIRD MOTION FOR RELEASE OF FUNDS
60	11/08/1999	DISK - Brief Opposing Defendant's Third Motion for Release of Funds
61	11/09/1999	MOTION TO FILE REPLY BRIEF TO STATE'S RESPONSE
62	11/09/1999	ACTION BY CHIEF JUSTICE (MOT/FILE REPLY BRIEF). Denied
63	11/10/1999	ACTION BY SUPREME COURT (MOT/trial court directed to release $25000 attorneys fees for this appeal). Granted
64	11/10/1999	Affidavit of Service for Brief Opposing Defendant's Third Motion for Release of Funds
65	11/10/1999	DISK - TRA of 9-18-97, 10-8-97, 11-3&4-97
66	11/10/1999	TRANSCRIPTS DATED Sept. 18, 1997; Oct. 8, 1997; and Nov. 3-4, 1997 (3 Vols. each)
67	11/12/1999	RECORD ON APPEAL (24 volumes & separates/volume 24 is register of actions)
68	11/12/1999	(Not rec'd - steno notes & tapes & #1117 - map)
69	11/15/1999	Clerk's Supplemental Cert of ROA (1) dated November 12, 1999 (entries 1894-1896)
70	11/18/1999	Clerk's Supplemental Cert of ROA (2) dated November 17, 1999 (1897-1899)
71	11/23/1999	Corrected page 1 of TRA dated November 3, 1997 (inserted into TRA)
72	11/30/1999	MOT. EXT/TIME APPELLANT BRIEF, TO ENLARGE WORD LIMIT, AND TO FILE DEFERRED APPENDIX (word limit and
73	11/30/1999	are addressed in next two MOT entries)
74	11/30/1999	ACTION BY CLERK (MAT Portion of Motion filed 11-30-99). Granted: 01/19/2000
75	11/30/1999	MOTION FOR Extension of Word Limit (Part of MAT of 11-30-99)
76	11/30/1999	NO ACTION TAKEN (On Word Limit portion of MOT of 11-30-99)
77	11/30/1999	MOTION TO File Deferred Appendix (Part of MAT of 11-30-99)
78	11/30/1999	ACTION BY CLERK (w/understanding one appendix will be filed for all parties due date 10 days after. Granted: 04/12/2000
79	11/30/1999	service of AEB - approx date 04-12-2000) (on Deferred Appendix portion of MOT of 11-30-99)
80	12/02/1999	Ltr from Peter B. Crary dtd 12-1-99 re funds to hire AT Counsel
81	12/02/1999	Ltr fm David W. Huey dtd 12-2-99 re funds for AT counsel
82	12/03/1999	Fax Ltr fm Judge Foughty dtd 12-3-99 re David Huey's Ltr of 12-2-99
83	12/07/1999	Faxed copy of Order Releasing Funds dated 10-7-99 from Judge Foughty
84	12/07/1999	Copy of Letter from Peter Crary dated 12-6-99 to Judge Foughty
85	12/08/1999	Entry Nos. 1899A-1899C (Received from Judge Foughty & made a part of the ROA as a Supplemental)
86	12/13/1999	MOT. EXT/TIME APPELLANT BRIEF (filed by Peter Crary on behalf of AT Gary Chaffin)
87	12/13/1999	NO ACTION TAKEN (on MAT filed 12/13/1999-all ATB due 1/19/2000): 01/19/2000
88	12/14/1999	Clerk's Supp. Cert of ROA (3) dated December 13, 1999, with entries 1900, 1901 & 1902 attached
89	12/23/1999	Copy of letter from Judge Foughty regarding Lyn Sahr request for Transcripts
90	12/27/1999	Clerk's Supp. Cert of ROA (4) dated December 23, 1999 (entries 1903-1905)
91	01/05/2000	Copy of Affidaivt of Service by Mail - Wendy Asperheim (re Order Allowing Payment of Receiver Fees)
92	01/06/2000	MOTION FOR LEAVE TO FILE AMICUS CURIAE
93	01/10/2000	Notice of Appearance - William J. Olson, Herbert W. Titus an dJohn S. Miles for AT-FLS
94	01/10/2000	MOT. EXT/TIME APPELLANT BRIEF
95	01/10/2000	ACTION BY CHIEF JUSTICE (applies to all ATBs). Granted: 02/23/2000
96	01/10/2000	Clerk's Supp. Cert. of ROA (5) dated January 7, 2000 (entries 1906 - 1911)
97	01/11/2000	Memorandum in Opposition to Motion for Leave to File Amicus Brief
98	01/11/2000	Clerk's Supp. Cert. of ROA (6) dated January 10, 2000 (entries 1912 - 1915)
99	01/12/2000	ACTION BY SUPREME COURT (Motion for Leave to File Amicus Curiae). Denied
100	01/12/2000	Order Mailed to Parties
101	01/31/2000	Clerk's Supp. Cert. of ROA (7) dated January 28, 2000 (entries 1916-1918)
102	02/07/2000	MOTION OF APPELLANT FAMILY LIFE SERVICES, INC. TO ENLARGE WORD LIMIT FOR OPENING BRIEF
103	02/08/2000	ACTION BY SUPREME COURT (GWV)(On Mot to Enlarge Word Limit for AT Fam. Life Brief). Denied
104	02/11/2000	TRANSCRIPT DATED 1-30-97
105	02/14/2000	DISK - TRA dated 1-30-97
106	02/14/2000	Letter dated (?) from Peter Crary informing us that a TRA dated 1-30-97 will be filed -- said he
107	02/14/2000	had failed to incl. it in the order for TRA when NOA was filed
108	02/17/2000	Clerk's Supp. Cert. of ROA (8) dated February 16, 2000 (entries 1919-1922)
109	02/18/2000	MOT. EXT/TIME APPELLANT BRIEF (faxed letters from Varriano - #990228& D. Larson -990222)
110	02/18/2000	ACTION BY CHIEF JUSTICE (applies to all appellants). Granted: 03/03/2000
111	02/22/2000	Req/Ext/Time ATB - letters from Mr. Varriano & Larson dated 2-18-00. Same as faxed copies filed
112	02/22/2000	2-18-00)
113	02/22/2000	Appellant's Brief (Family Life Services, Inc.) NOTE: Additional Appellants' Briefs will be filed
114	02/23/2000	DISK - AT1 (Family Life Services, Inc.)
115	02/28/2000	Appellant's Brief (Charlene Uchtman/990215)
116	02/29/2000	DISK - AT2 (Charlene Uchtman/990215)
117	02/29/2000	Constitution and Statutes Pamphlet & Cert. Service (Family Life Services)(dist. w/briefs)
118	02/29/2000	Appellant's Brief (Patricia Larson - 990220)
119	03/01/2000	DISK AT3 (Patricia Larson - 990220)
120	03/02/2000	MOT. EXT/TIME APPELLANT BRIEF
121	03/02/2000	ACTION BY CHIEF JUSTICE (MAT) (applies to remaining appellants). Granted: 03/08/2000
122	03/03/2000	Letter dated 3-02-00 from Peter B. Crary (re MAT - already acted on via fax)
123	03/03/2000	APPELLANT BRIEF (Lyn Sahr) (990229)
124	03/06/2000	DISK - AT4 (Sahr - 990229)
125	03/08/2000	APPELLANT BRIEF OF DENNIS UCHTMAN (990216)
126	03/10/2000	Affidavit of Good Standing of Herbert W. Titus
127	03/10/2000	DISK - AT5 (Uchtman -990216)
128	03/10/2000	APPELLANT BRIEF of Darold Larson (990222)(filed subject to approval of court)
129	03/10/2000	DISK - AT6 (Larson - 990222)
130	03/13/2000	Affidavits of Good Standing (John S. Miles / William J. Olson)
131	03/13/2000	APPELLANT BRIEF (Help & Caring Ministries) (990228)
132	03/14/2000	MOT. EXT/TIME ATB (Letter from Richard Varriano/ATB for Help & Caring Ministries/990228)
133	03/14/2000	DISK - AT6 (Help & Caring Ministries/990228)
134	03/14/2000	APPELLANT BRIEF - Gary Chaffin (990212)
135	03/15/2000	DISK - AT8 (Gary Chaffin)
136	03/15/2000	ACTION BY CHIEF JUSTICE (ATB/990228 - Help & Caring Ministries). Granted: 03/13/2000
137	03/15/2000	MOT. EXT/TIME APPELLANT BRIEF (Letter from Darold Larson; 990222)
138	03/15/2000	ACTION BY CHIEF JUSTICE (grant ext. for filing of Darold Larson's brief). Granted: 03/10/2000
139	03/15/2000	MOT. EXT/TIME APPELLANT BRIEF (letter from Peter Crary/ATB for Gary Chaffin/990212)
140	03/15/2000	ACTION BY CHIEF JUSTICE (ATB for Gary Chaffin/990212). Granted: 03/14/2000
141	04/05/2000	MOTION FOR LEAVE TO MAKE RULE 60(B) MOTION TO TRIAL COURT
142	04/06/2000	ACTION BY CHIEF JUSTICE (MOT/60(B)). Denied
143	04/06/2000	Clerk's Supp. Cert. #9 (1924 & 1925)(1922/receipt/not rec'd)
144	04/07/2000	Order Mailed to Parties
145	04/13/2000	MOT. EXT/TIME APPELLEE BRIEF
146	04/13/2000	ACTION BY CHIEF JUSTICE (MAE). Granted: 05/01/2000
147	04/18/2000	Letter dated 4-17-00 from Bruce H. Carlson (he is not planning to file a brief or appear at OA)
148	04/19/2000	Faxed copy of letter dated 4-19-00, from Peter B. Crary to David Huey
149	04/19/2000	Supplemental Clerk's Certificate (10)dated 4-17-00 (Entry Nos. 1923 and 1927-1932)
150	04/20/2000	Copy of letter dated 4-19-00, from Peter B.Crary to David Huey (same as faxed letter rec'd 4-19-00)
151	04/26/2000	Request for Radio/TV Coverage (Ltr of 4-25-00 fm Jack McDonald requesting permission for AP to
152	04/26/2000	cover the hearing in this case) (approved)
153	04/27/2000	Affidavit of Service re: letter dated 4/26/2000 & Judge Foughty's order re: supp. of ROA
154	04/28/2000	MOTION FOR A PROCEDURAL ORDER TO ENLARGE WORD LIMIT FOR AEB TO 15,500 WORDS
155	04/28/2000	ACTION BY CHIEF JUSTICE (Mot. granted - ext. of up to 15,500 words for AEB). Granted
156	05/01/2000	MOT. EXT/TIME APPELLEE BRIEF
157	05/01/2000	ACTION BY CHIEF JUSTICE (Mot/Ext/AEB). Granted: 05/03/2000
158	05/01/2000	MOTION FOR Ext/Time/File Second Volume of Joint Appendix (letter form)
159	05/01/2000	ACTION BY CLERK (Mot/Ext/Time/File Second volume of Joint Appendix). Granted: 05/02/2000
160	05/01/2000	MOTION OF APPELLANT FAMILY LIFE SERVICES TO PROHIBIT FILING OF DOCUMENTS TRANSMITTED TO CLERK
161	05/01/2000	PURSUANT TO EX PARTE ORDER, OR TO STRIKE SUCH DOCUMENTS FROM THE RECORD W/BRIEF IN SUPPORT
162	05/01/2000	ACTION BY CHIEF JUSTICE (Mot/Prohibit/Filing of Documents Transmitted to Clerk). Denied
163	05/01/2000	JOINT APPENDIX-Volume I (NOTE: Volume II will be mailed 5-2-00--see ACL code on 5-1-00)
164	05/02/2000	Letter from Peter Crary dated 5-1-00 (Request for Ext/Time/File Jt. Appendix) same as faxed copy
165	05/02/2000	Affidavit of Service for Motion for Extension of Time to file Appellee's Brief
166	05/02/2000	JOINT APPENDIX (Vol. II: Transcript)
167	05/03/2000	2 disks -- CD-ROM (Adobe Acrobat PDF format) of Joint Appendix (Vol. II: Transcript)
168	05/03/2000	Faxed letter dated 5-03-00 from Peter Crary requesting AEB be e-mailed to him (OK - per PM)
169	05/03/2000	APPELLEE BRIEF
170	05/03/2000	APPELLEE APPENDIX
171	05/03/2000	DISK - AEB
172	05/04/2000	Affidavit of Service by Mail (AEB) - inserted into each AEB
173	05/04/2000	Original letter from Peter Crary dated 5-03-00
174	05/04/2000	Clerk's Supp. Cert. of ROA (11) dated MAY 2, 2000 (entries 1933 - 1945)
175	05/11/2000	MOT. EXT/TIME REPLY BRIEF (faxed letter dated 5-11-00 from Peter Crary)
176	05/11/2000	ACTION BY CHIEF JUSTICE (NOTE:ALL REPLY BRIEFS MUST BE REC'D IN CLERK'S OFFICE THE A.M. OF 5-16-00). Granted: 05/16/2000
177	05/12/2000	Letter from Peter Crary dated 5-11-00 RE: Mot/Ext/RYB (same as faxed copy filed 5-11-00)
178	05/13/2000	REPLY BRIEF of Gary Chaffin
179	05/13/2000	REPLY BRIEF of Lyn Sahr (990229)
180	05/13/2000	REPLY BRIEF of Family Life Services, Inc. (990212)
181	05/15/2000	REPLY BRIEF of Dennis Uchtman - 990216)
182	05/15/2000	REPLY BRIEF of Charlene Uchtman (990215)
183	05/15/2000	REPLY BRIEF of Darold Larson (990222)
184	05/15/2000	REPLY BRIEF of Patricia Larson (990220)
185	05/15/2000	REPLY BRIEF of Help & Caring Ministries, Benjamin Larson, Joseph Larson & Diamond Card Int.(990228)
186	05/15/2000	DISK - RY2 (Lyn Sahr - 990229)
187	05/15/2000	DISK - RY1 (Family Life Services - 990212)
188	05/15/2000	DISK - RYB (Chaffin - 990212)
189	05/16/2000	DISK - RY3 (Charlene Uchtman - 990215)
190	05/16/2000	DISK - RY4 (Dennis Uchtman - 990216)
191	05/16/2000	DISK - RY5 (Darold Larson - 990222)
192	05/16/2000	DISK - RY6 (Patricia Larson - 990220)
193	05/16/2000	DISK - RY7 (Help and Caring Ministries, et al. - 990228)
194	05/16/2000	Supplemental Clerk's Certificate #12 dated 5-15-00 (Entry Nos. 1946-1952)
195	05/16/2000	Corrected Table of Authorities (pages iii, iv, v, vi, & vii) & Affidavit
196	05/18/2000	APPEARANCES: Karen S. Prout for Charlene Uchtman. Peter B. Crary moved the limited admission of
197	05/18/2000	Herbert W. Titus of Troy A. Titus, P.C., Virginia Beach, VA to present oral argument on behalf
198	05/18/2000	Appellant Family Life Services. Motion granted. Herbert W. Titus.
199	05/18/2000	David W. Huey, Todd A. Sattler, Andrew Moraghan.
200	05/18/2000	ARGUED: Prout, Titus; Huey (Vol. X; pp. 31-32)
201	05/18/2000	ORAL ARGUMENT WEBCAST
202	05/23/2000	Letter dated May 22, 2000, from Judge Foughty regarding oral argument
203	05/25/2000	Supplemental Clerk's Cert. #13 dated May 23, 2000 (entries 1954-1956 attached)
204	05/26/2000	Letter from Karen Prout objecting to Judge Foughty's letter
205	05/30/2000	MOTION FOR SUMMARY REVERSAL (Help & Caring Ministries)
206	05/30/2000	MOTION TO DISQUALIFY JUDGE FOUGHTY (SEE MOT. FOR SUMMARY REVERSAL)
207	05/31/2000	ACTION BY SUPREME COURT (Motion for Summary Reversal). Denied
208	05/31/2000	Action on Motion to Disqualify Judge Foughty reserved
209	06/30/2000	Clerk's Supp. Cert. #14 dated 6/29/2000 (entries 1953, 1957-1960)
210	07/26/2000	Clerk's Supp. Cert. #15 dated 7/25/2000 (Entries 1961-1963)
211	07/31/2000	Clerk's Supp. Cert. #16 dated 7/28/00 (entries 1964 & 1965)
212	08/09/2000	Clerk's Supp. Cert. #17 dated 8/9/2000 (entries 1966-1970)
213	08/16/2000	Clerk's Cupp. Cert. #18 dated 8/16/2000 (entries 1971 - 1973)
214	08/25/2000	Clerk's Supp. Cert. #19 dated 8/24/00 (Entries 1974-1978)
215	08/31/2000	DISPOSITION (REMANDED): AFFIRMED/PT, REVERSED/PT
216	08/31/2000	UNANIMOUS OPINION: Sandstrom, Dale V.
217	08/31/2000	At the direction of the Court no costs will be taxed in this appeal.
218	08/31/2000	ACTION BY SUPREME COURT (MOT/to disqualify Judge Foughty/see opinion). Granted
219	08/31/2000	Chief Justice VandeWalle assigned Judge Everett Nels Olson to preside following remand
220	09/01/2000	Order/Judgment Mailed to Parties
221	09/14/2000	Letter from Judge Foughty re: ex-parte communication
222	09/20/2000	ACTION BY SUPREME COURT (pages 26-27 of opinion filed 8-31-00 be deleted and pages 26-27 filed this. Granted
223	09/20/2000	Corrected/Substitute Opinion Pages 26 and 27 (sent to parties and publishers)
224	09/20/2000	day be substituted)
225	09/21/2000	Amended Order sent to parties and publishers (Amended Order clarified that 26-28 of opinion
226	09/21/2000	filed 8-31-00 were deleted and pages 26-27 filed 9-20-00 were substituted)
227	09/22/2000	MANDATE
228	10/01/2000	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
229	12/06/2006	EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 01/08/2009