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
Appellant: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Appellant: Lawyer not licensed in N.D.
Defendant: Pro se
Appellee: Andrew Moraghan , Att. General Office
Appellee: Todd Adam Sattler , Att. General Office
Term: 05/2000   Argument: 05/18/2000  2:45pm
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.

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Docket entries:
107/13/1999 NOTICE OF APPEAL: 07/09/1999
207/13/1999 ORDER FOR TRANSCRIPT (Wendy Asperheim & Arnold Strand): 07/09/1999
307/14/1999 CONSOLIDATED w/990215, 990216, 990220, 990222, 990228 & 990229. MAKE ALL DOCKET ENTRIES,
407/14/1999 EXCEPT DIS & MAN, IN 990212.
507/20/1999 RETENTION OF RECORD ON APPEAL & Acknowledgement of transcript order: 10/05/1999
607/20/1999 MOTION FOR REMAND (Letter Request from Judge Foughty dated 7-19-99)
707/20/1999 ACTION BY CHIEF JUSTICE. granted
807/20/1999 Faxed copy of letter from Peter Crary RE: NOA matters
907/21/1999 ORDER OF REMAND
1007/21/1999 Order of Temporary Remand Mailed to Parties
1107/21/1999 Letter from Peter Crary dated 7-20-99 RE: NOA matters
1208/13/1999 MOT. EXT/TIME TRANSCRIPT
1308/13/1999 ACTION BY TRIAL COURT. granted: 10/05/1999
1408/20/1999 Letter from Peter Crary dated 8-19-99 RE: Does filing of briefs commence when entire TRA is filed?
1508/23/1999 TRANSCRIPTS DATED March 6, 1998, April 27, 1998, April 28, 1998, April 29, 1998, April 30, 1998,
1608/23/1999 May 1, 1998, May 4, 1998, May 5, 1998, May 6, 1998 (Vol. VIII), May 6, 1998 (Vol. IX),
1708/23/1999 May 7, 1998, May 8, 1998, June 30, 1998, July 1, 1998, July 2, 1998, July 6, 1998, July 7, 1998,
1808/23/1999 July 8, 1998, July 9, 1998, July 10, 1998, August 24, 1998, August 25, 1998, (Vol. I thru XXI)
1908/24/1999 TRANSCRIPTS DATED August 26, 1998, August 27, 1998, August 28, 1998, September 21, 1998,
2008/24/1999 September 22, 1998, September 23, 1998, September 24, 1998,
2108/24/1999 September 25, 1998, September 28, 1998, September 29, 1998, September 30, 1998, October 1, 1998,
2208/24/1999 April 30, 1999, June 17, 1998. (Vol. XXII thru XXXIII)
2308/25/1999 DISK - TRA's Filed 8-23-99 & 8-24-99
2408/25/1999 MOTION FOR RELEASE OF FUNDS TO RETAIN APPELLATE COUNSEL; AFF. OF PETER B. CRARY; BRIEF IN SUPPORT. RSPDU: 08/31/1999
2508/25/1999 (w/attach.)
2608/26/1999 TRANSCRIPTS DATED January 25, 1996, March 4, 1996, April 30, 1996, June 20, 1996 (Mot. to Receive
2708/26/1999 Interim Compensation), June 20, 1996 (Motion for Summary Judgment), December 12, 1996,
2808/26/1999 January 2, 1997, & February 24, 1997
2908/26/1999 TRANSCRIPTS DATED January 24, 1996, April 3, 1996, May 1, 1996, July 18, 1996 & October 9, 1996.
3008/26/1999 Please note the originals of these TRA's should be part of the trial court record.
3108/27/1999 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
3208/27/1999 DISK NONCOMPLIANCE - Certificates (2 in letter form) Vicky Matthys & Steven Randall on TRA's filed
3308/27/1999 01-24-96, 04-03-96, 05-01-96, 07-18-96 & 10-09-96
3408/31/1999 BRIEF IN OPPOSITION TO MOT. FOR RELEASE OF FUNDS TO RETAIN APPELLATE COUNSEL; APPENDIX; DISK (MOT)
3509/07/1999 Appellant Family Life Services' Reply to State's Opposition to Motion for Release
3609/07/1999 Letter from Peter Crary re: one more transcript to be filed by Arnie Strand
3709/07/1999 MOT. EXT/TIME TRANSCRIPT (Arnie Strand/attached to letter from Crary)
3809/07/1999 ACTION BY SUPREME COURT (MTR/Hoberg/Strand). Granted: 10/05/1999
3909/08/1999 ACTION BY SUPREME COURT. granted
4009/08/1999 ORDER OF REMAND
4109/08/1999 Order of Remand Mailed to Parties
4209/20/1999 RENEWED MOTION FOR RELEASE OF FUNDS TO RETAIN APPELLATE COUNSEL, MOTION FOR PARTIAL STAY OF JUDGMEN
4309/20/1999 BRIEF IN SUPPORT, SYNOPSIS OF THE RECORD AND AFFIDAVIT OF PETER CRARY
4409/22/1999 ACTION BY SUPREME COURT (MOT/stay & remand to renew motion for release of funds). Granted
4509/23/1999 ORDER OF REMAND
4609/23/1999 Order Mailed to Parties
4709/28/1999 MOT. EXT/TIME TRANSCRIPT (Arnold Strand)
4809/28/1999 ACTION BY CLERK. granted: 11/05/1999
4910/14/1999 DISK - Findings of Fact, Order Denying Motion, Order, Order Denying Mot for New Trial
5010/14/1999 DISK - Opposition to Motion for Release of Funds to Retain Appellate Counsel
5110/14/1999 DISK - Judgment
5210/14/1999 DISK NONCOMPLIANCE - Briefs of 8-23-99 & 9-17-99 On MacIntosh not compatible w/word perfect
5310/26/1999 Cy of Memorandum and Order dated October 25, 1999 and signed by Judge D. Foughty and Order
5410/26/1999 Regarding Motions dated October 25, 1999 and signed by Judge Foughty w/Aff. of Service & disk
5510/26/1999 DISK - Memorandum & order of 10-25-99 & Order re Motions of 10-25-99
5611/01/1999 Third Motion for Release of Funds to Retain Appellate Counsel & Affidavit of Peter Crary. RspDue: 11/08/1999
5711/02/1999 Attorney General's Request to Respond to Motion (Mr. Huey can file a response by noon, 11-8-99)
5811/03/1999 Affidavit of Service by Mail dated 11-2-99 mailing copies of Mr. Huey's letter dated 11-2-99
5911/08/1999 BRIEF OPPOSING DEFENDANT'S THIRD MOTION FOR RELEASE OF FUNDS
6011/08/1999 DISK - Brief Opposing Defendant's Third Motion for Release of Funds
6111/09/1999 MOTION TO FILE REPLY BRIEF TO STATE'S RESPONSE
6211/09/1999 ACTION BY CHIEF JUSTICE (MOT/FILE REPLY BRIEF). Denied
6311/10/1999 ACTION BY SUPREME COURT (MOT/trial court directed to release $25000 attorneys fees for this appeal). Granted
6411/10/1999 Affidavit of Service for Brief Opposing Defendant's Third Motion for Release of Funds
6511/10/1999 DISK - TRA of 9-18-97, 10-8-97, 11-3&4-97
6611/10/1999 TRANSCRIPTS DATED Sept. 18, 1997; Oct. 8, 1997; and Nov. 3-4, 1997 (3 Vols. each)
6711/12/1999 RECORD ON APPEAL (24 volumes & separates/volume 24 is register of actions)
6811/12/1999 (Not rec'd - steno notes & tapes & #1117 - map)
6911/15/1999 Clerk's Supplemental Cert of ROA (1) dated November 12, 1999 (entries 1894-1896)
7011/18/1999 Clerk's Supplemental Cert of ROA (2) dated November 17, 1999 (1897-1899)
7111/23/1999 Corrected page 1 of TRA dated November 3, 1997 (inserted into TRA)
7211/30/1999 MOT. EXT/TIME APPELLANT BRIEF, TO ENLARGE WORD LIMIT, AND TO FILE DEFERRED APPENDIX (word limit and
7311/30/1999 are addressed in next two MOT entries)
7411/30/1999 ACTION BY CLERK (MAT Portion of Motion filed 11-30-99). Granted: 01/19/2000
7511/30/1999 MOTION FOR Extension of Word Limit (Part of MAT of 11-30-99)
7611/30/1999 NO ACTION TAKEN (On Word Limit portion of MOT of 11-30-99)
7711/30/1999 MOTION TO File Deferred Appendix (Part of MAT of 11-30-99)
7811/30/1999 ACTION BY CLERK (w/understanding one appendix will be filed for all parties due date 10 days after. Granted: 04/12/2000
7911/30/1999 service of AEB - approx date 04-12-2000) (on Deferred Appendix portion of MOT of 11-30-99)
8012/02/1999 Ltr from Peter B. Crary dtd 12-1-99 re funds to hire AT Counsel
8112/02/1999 Ltr fm David W. Huey dtd 12-2-99 re funds for AT counsel
8212/03/1999 Fax Ltr fm Judge Foughty dtd 12-3-99 re David Huey's Ltr of 12-2-99
8312/07/1999 Faxed copy of Order Releasing Funds dated 10-7-99 from Judge Foughty
8412/07/1999 Copy of Letter from Peter Crary dated 12-6-99 to Judge Foughty
8512/08/1999 Entry Nos. 1899A-1899C (Received from Judge Foughty & made a part of the ROA as a Supplemental)
8612/13/1999 MOT. EXT/TIME APPELLANT BRIEF (filed by Peter Crary on behalf of AT Gary Chaffin)
8712/13/1999 NO ACTION TAKEN (on MAT filed 12/13/1999-all ATB due 1/19/2000): 01/19/2000
8812/14/1999 Clerk's Supp. Cert of ROA (3) dated December 13, 1999, with entries 1900, 1901 & 1902 attached
8912/23/1999 Copy of letter from Judge Foughty regarding Lyn Sahr request for Transcripts
9012/27/1999 Clerk's Supp. Cert of ROA (4) dated December 23, 1999 (entries 1903-1905)
9101/05/2000 Copy of Affidaivt of Service by Mail - Wendy Asperheim (re Order Allowing Payment of Receiver Fees)
9201/06/2000 MOTION FOR LEAVE TO FILE AMICUS CURIAE
9301/10/2000 Notice of Appearance - William J. Olson, Herbert W. Titus an dJohn S. Miles for AT-FLS
9401/10/2000 MOT. EXT/TIME APPELLANT BRIEF
9501/10/2000 ACTION BY CHIEF JUSTICE (applies to all ATBs). Granted: 02/23/2000
9601/10/2000 Clerk's Supp. Cert. of ROA (5) dated January 7, 2000 (entries 1906 - 1911)
9701/11/2000 Memorandum in Opposition to Motion for Leave to File Amicus Brief
9801/11/2000 Clerk's Supp. Cert. of ROA (6) dated January 10, 2000 (entries 1912 - 1915)
9901/12/2000 ACTION BY SUPREME COURT (Motion for Leave to File Amicus Curiae). Denied
10001/12/2000 Order Mailed to Parties
10101/31/2000 Clerk's Supp. Cert. of ROA (7) dated January 28, 2000 (entries 1916-1918)
10202/07/2000 MOTION OF APPELLANT FAMILY LIFE SERVICES, INC. TO ENLARGE WORD LIMIT FOR OPENING BRIEF
10302/08/2000 ACTION BY SUPREME COURT (GWV)(On Mot to Enlarge Word Limit for AT Fam. Life Brief). Denied
10402/11/2000 TRANSCRIPT DATED 1-30-97
10502/14/2000 DISK - TRA dated 1-30-97
10602/14/2000 Letter dated (?) from Peter Crary informing us that a TRA dated 1-30-97 will be filed -- said he
10702/14/2000 had failed to incl. it in the order for TRA when NOA was filed
10802/17/2000 Clerk's Supp. Cert. of ROA (8) dated February 16, 2000 (entries 1919-1922)
10902/18/2000 MOT. EXT/TIME APPELLANT BRIEF (faxed letters from Varriano - #990228& D. Larson -990222)
11002/18/2000 ACTION BY CHIEF JUSTICE (applies to all appellants). Granted: 03/03/2000
11102/22/2000 Req/Ext/Time ATB - letters from Mr. Varriano & Larson dated 2-18-00. Same as faxed copies filed
11202/22/2000 2-18-00)
11302/22/2000 Appellant's Brief (Family Life Services, Inc.) NOTE: Additional Appellants' Briefs will be filed
11402/23/2000 DISK - AT1 (Family Life Services, Inc.)
11502/28/2000 Appellant's Brief (Charlene Uchtman/990215)
11602/29/2000 DISK - AT2 (Charlene Uchtman/990215)
11702/29/2000 Constitution and Statutes Pamphlet & Cert. Service (Family Life Services)(dist. w/briefs)
11802/29/2000 Appellant's Brief (Patricia Larson - 990220)
11903/01/2000 DISK AT3 (Patricia Larson - 990220)
12003/02/2000 MOT. EXT/TIME APPELLANT BRIEF
12103/02/2000 ACTION BY CHIEF JUSTICE (MAT) (applies to remaining appellants). Granted: 03/08/2000
12203/03/2000 Letter dated 3-02-00 from Peter B. Crary (re MAT - already acted on via fax)
12303/03/2000 APPELLANT BRIEF (Lyn Sahr) (990229)
12403/06/2000 DISK - AT4 (Sahr - 990229)
12503/08/2000 APPELLANT BRIEF OF DENNIS UCHTMAN (990216)
12603/10/2000 Affidavit of Good Standing of Herbert W. Titus
12703/10/2000 DISK - AT5 (Uchtman -990216)
12803/10/2000 APPELLANT BRIEF of Darold Larson (990222)(filed subject to approval of court)
12903/10/2000 DISK - AT6 (Larson - 990222)
13003/13/2000 Affidavits of Good Standing (John S. Miles / William J. Olson)
13103/13/2000 APPELLANT BRIEF (Help & Caring Ministries) (990228)
13203/14/2000 MOT. EXT/TIME ATB (Letter from Richard Varriano/ATB for Help & Caring Ministries/990228)
13303/14/2000 DISK - AT6 (Help & Caring Ministries/990228)
13403/14/2000 APPELLANT BRIEF - Gary Chaffin (990212)
13503/15/2000 DISK - AT8 (Gary Chaffin)
13603/15/2000 ACTION BY CHIEF JUSTICE (ATB/990228 - Help & Caring Ministries). Granted: 03/13/2000
13703/15/2000 MOT. EXT/TIME APPELLANT BRIEF (Letter from Darold Larson; 990222)
13803/15/2000 ACTION BY CHIEF JUSTICE (grant ext. for filing of Darold Larson's brief). Granted: 03/10/2000
13903/15/2000 MOT. EXT/TIME APPELLANT BRIEF (letter from Peter Crary/ATB for Gary Chaffin/990212)
14003/15/2000 ACTION BY CHIEF JUSTICE (ATB for Gary Chaffin/990212). Granted: 03/14/2000
14104/05/2000 MOTION FOR LEAVE TO MAKE RULE 60(B) MOTION TO TRIAL COURT
14204/06/2000 ACTION BY CHIEF JUSTICE (MOT/60(B)). Denied
14304/06/2000 Clerk's Supp. Cert. #9 (1924 & 1925)(1922/receipt/not rec'd)
14404/07/2000 Order Mailed to Parties
14504/13/2000 MOT. EXT/TIME APPELLEE BRIEF
14604/13/2000 ACTION BY CHIEF JUSTICE (MAE). Granted: 05/01/2000
14704/18/2000 Letter dated 4-17-00 from Bruce H. Carlson (he is not planning to file a brief or appear at OA)
14804/19/2000 Faxed copy of letter dated 4-19-00, from Peter B. Crary to David Huey
14904/19/2000 Supplemental Clerk's Certificate (10)dated 4-17-00 (Entry Nos. 1923 and 1927-1932)
15004/20/2000 Copy of letter dated 4-19-00, from Peter B.Crary to David Huey (same as faxed letter rec'd 4-19-00)
15104/26/2000 Request for Radio/TV Coverage (Ltr of 4-25-00 fm Jack McDonald requesting permission for AP to
15204/26/2000 cover the hearing in this case) (approved)
15304/27/2000 Affidavit of Service re: letter dated 4/26/2000 & Judge Foughty's order re: supp. of ROA
15404/28/2000 MOTION FOR A PROCEDURAL ORDER TO ENLARGE WORD LIMIT FOR AEB TO 15,500 WORDS
15504/28/2000 ACTION BY CHIEF JUSTICE (Mot. granted - ext. of up to 15,500 words for AEB). Granted
15605/01/2000 MOT. EXT/TIME APPELLEE BRIEF
15705/01/2000 ACTION BY CHIEF JUSTICE (Mot/Ext/AEB). Granted: 05/03/2000
15805/01/2000 MOTION FOR Ext/Time/File Second Volume of Joint Appendix (letter form)
15905/01/2000 ACTION BY CLERK (Mot/Ext/Time/File Second volume of Joint Appendix). Granted: 05/02/2000
16005/01/2000 MOTION OF APPELLANT FAMILY LIFE SERVICES TO PROHIBIT FILING OF DOCUMENTS TRANSMITTED TO CLERK
16105/01/2000 PURSUANT TO EX PARTE ORDER, OR TO STRIKE SUCH DOCUMENTS FROM THE RECORD W/BRIEF IN SUPPORT
16205/01/2000 ACTION BY CHIEF JUSTICE (Mot/Prohibit/Filing of Documents Transmitted to Clerk). Denied
16305/01/2000 JOINT APPENDIX-Volume I (NOTE: Volume II will be mailed 5-2-00--see ACL code on 5-1-00)
16405/02/2000 Letter from Peter Crary dated 5-1-00 (Request for Ext/Time/File Jt. Appendix) same as faxed copy
16505/02/2000 Affidavit of Service for Motion for Extension of Time to file Appellee's Brief
16605/02/2000 JOINT APPENDIX (Vol. II: Transcript)
16705/03/2000 2 disks -- CD-ROM (Adobe Acrobat PDF format) of Joint Appendix (Vol. II: Transcript)
16805/03/2000 Faxed letter dated 5-03-00 from Peter Crary requesting AEB be e-mailed to him (OK - per PM)
16905/03/2000 APPELLEE BRIEF
17005/03/2000 APPELLEE APPENDIX
17105/03/2000 DISK - AEB
17205/04/2000 Affidavit of Service by Mail (AEB) - inserted into each AEB
17305/04/2000 Original letter from Peter Crary dated 5-03-00
17405/04/2000 Clerk's Supp. Cert. of ROA (11) dated MAY 2, 2000 (entries 1933 - 1945)
17505/11/2000 MOT. EXT/TIME REPLY BRIEF (faxed letter dated 5-11-00 from Peter Crary)
17605/11/2000 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
17705/12/2000 Letter from Peter Crary dated 5-11-00 RE: Mot/Ext/RYB (same as faxed copy filed 5-11-00)
17805/13/2000 REPLY BRIEF of Gary Chaffin
17905/13/2000 REPLY BRIEF of Lyn Sahr (990229)
18005/13/2000 REPLY BRIEF of Family Life Services, Inc. (990212)
18105/15/2000 REPLY BRIEF of Dennis Uchtman - 990216)
18205/15/2000 REPLY BRIEF of Charlene Uchtman (990215)
18305/15/2000 REPLY BRIEF of Darold Larson (990222)
18405/15/2000 REPLY BRIEF of Patricia Larson (990220)
18505/15/2000 REPLY BRIEF of Help & Caring Ministries, Benjamin Larson, Joseph Larson & Diamond Card Int.(990228)
18605/15/2000 DISK - RY2 (Lyn Sahr - 990229)
18705/15/2000 DISK - RY1 (Family Life Services - 990212)
18805/15/2000 DISK - RYB (Chaffin - 990212)
18905/16/2000 DISK - RY3 (Charlene Uchtman - 990215)
19005/16/2000 DISK - RY4 (Dennis Uchtman - 990216)
19105/16/2000 DISK - RY5 (Darold Larson - 990222)
19205/16/2000 DISK - RY6 (Patricia Larson - 990220)
19305/16/2000 DISK - RY7 (Help and Caring Ministries, et al. - 990228)
19405/16/2000 Supplemental Clerk's Certificate #12 dated 5-15-00 (Entry Nos. 1946-1952)
19505/16/2000 Corrected Table of Authorities (pages iii, iv, v, vi, & vii) & Affidavit
19605/18/2000 APPEARANCES: Karen S. Prout for Charlene Uchtman. Peter B. Crary moved the limited admission of
19705/18/2000 Herbert W. Titus of Troy A. Titus, P.C., Virginia Beach, VA to present oral argument on behalf
19805/18/2000 Appellant Family Life Services. Motion granted. Herbert W. Titus.
19905/18/2000 David W. Huey, Todd A. Sattler, Andrew Moraghan.
20005/18/2000 ARGUED: Prout, Titus; Huey (Vol. X; pp. 31-32)
20105/18/2000 ORAL ARGUMENT WEBCAST
20205/23/2000 Letter dated May 22, 2000, from Judge Foughty regarding oral argument
20305/25/2000 Supplemental Clerk's Cert. #13 dated May 23, 2000 (entries 1954-1956 attached)
20405/26/2000 Letter from Karen Prout objecting to Judge Foughty's letter
20505/30/2000 MOTION FOR SUMMARY REVERSAL (Help & Caring Ministries)
20605/30/2000 MOTION TO DISQUALIFY JUDGE FOUGHTY (SEE MOT. FOR SUMMARY REVERSAL)
20705/31/2000 ACTION BY SUPREME COURT (Motion for Summary Reversal). Denied
20805/31/2000 Action on Motion to Disqualify Judge Foughty reserved
20906/30/2000 Clerk's Supp. Cert. #14 dated 6/29/2000 (entries 1953, 1957-1960)
21007/26/2000 Clerk's Supp. Cert. #15 dated 7/25/2000 (Entries 1961-1963)
21107/31/2000 Clerk's Supp. Cert. #16 dated 7/28/00 (entries 1964 & 1965)
21208/09/2000 Clerk's Supp. Cert. #17 dated 8/9/2000 (entries 1966-1970)
21308/16/2000 Clerk's Cupp. Cert. #18 dated 8/16/2000 (entries 1971 - 1973)
21408/25/2000 Clerk's Supp. Cert. #19 dated 8/24/00 (Entries 1974-1978)
21508/31/2000 DISPOSITION (REMANDED): AFFIRMED/PT, REVERSED/PT
21608/31/2000 UNANIMOUS OPINION: Sandstrom, Dale V.
21708/31/2000 At the direction of the Court no costs will be taxed in this appeal.
21808/31/2000 ACTION BY SUPREME COURT (MOT/to disqualify Judge Foughty/see opinion). Granted
21908/31/2000 Chief Justice VandeWalle assigned Judge Everett Nels Olson to preside following remand
22009/01/2000 Order/Judgment Mailed to Parties
22109/14/2000 Letter from Judge Foughty re: ex-parte communication
22209/20/2000 ACTION BY SUPREME COURT (pages 26-27 of opinion filed 8-31-00 be deleted and pages 26-27 filed this. Granted
22309/20/2000 Corrected/Substitute Opinion Pages 26 and 27 (sent to parties and publishers)
22409/20/2000 day be substituted)
22509/21/2000 Amended Order sent to parties and publishers (Amended Order clarified that 26-28 of opinion
22609/21/2000 filed 8-31-00 were deleted and pages 26-27 filed 9-20-00 were substituted)
22709/22/2000 MANDATE
22810/01/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
22912/06/2006 EXPUNGED - Nonpermanent record items destroyed

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