Anderson v. Resler
Kevin Lowell Anderson and
Kaylen Marie Resler, a
minor child by and through
her guardian ad litem, Dee
Larson, Plaintiffs and Appellees
Marsha Resler, Defendant and Appellant
East Central Judicial District,
Judge Norman J. Backes
|Nature of Action:||Child Cust & Support (Div.\other)|
|Term:||09/2000  Argument: 09/12/2000 9:00am|
|ND cite:||2000 ND 183|
618 N.W.2d 480
Appellant's Statement of the Issues:|
1. Did the trial court err in finding that there was a significant change of circumstances to compel a change in custody?
2. Was the evidence sufficient to sustain the trial court's finding that the Defendant had a personality disorder with oppressive/compulsive, histrionic, narcissistic and paranoid features and that this disorder had a negative impact on the child's life?
3. Did the trial court err in not allowing Defendant to offer the merits of her case?
4. Did the trial court err in giving substantial weight to the guardian ad litem's report and testimony?
5. Did the trial court err when it changed the minor child's name without following required procedures?
6. Did the trial court err when it refused to rule on child support and instead, deferred it to the Regional Child Support Enforcement Unit?
Appellee's Statement of the Issues:
1. A significant change of circumstances existed to compel a change in custody, particularly where Defendant's frustration of visitation would have continued to alienate and destroy Plaintiff's relationship with the child.
2. Sufficient evidence was presented to the Trial Court which established Defendant's personality disorder with oppressive/compulsive, histrionic, narcissistic and paranoid features diagnosis and accompanying behavior were proven to have had a negative impact on the minor child's life.
3. The Trial Court allowed Defendant to offer the merits of her case.
4. The Trial Court properly gave the Guardian ad Litem's report and testimony substantial weight.
5. The Trial Court did not change the minor child's last name from Kaylen Marie Resler to Kaylen Marie Anderson.
6. The Trial Court ruled and ordered child support based on the North Dakota Child Support Guidelines in the Findings of Fact, Conclusions of Law and Order for Judgment entered September 15, 1999, and the Third Amended Judgment entered September 17, 1999.
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|1||08/10/1999||NOTICE OF APPEAL: 08/09/1999|
|2||09/13/1999||RECORD ON APPEAL (3 vols.), Exhibits, Deposition (1) (NOT REC'D: 13,201,205 - Steno Notes; and 95,|
|3||09/13/1999||127,151,166, & 193 - tapes)|
|4||09/20/1999||Clerk's Supplemental Cert. of ROA dated September 17, 1999 (entries 224-227)|
|5||10/19/1999||S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 10/29/1999|
|6||10/19/1999||Response Filed (Faxed copy of Motion to Remand and Aff/Support)|
|7||10/20/1999||Clerk's Supplemental Cert of ROA dated 10/19/99 (228-231)|
|8||10/21/1999||NO ACTION TAKEN (MSN)|
|9||10/21/1999||MOTION to Remand and Aff/Support (Mr. Sheppard is to clarify what motions/issues will be filed with. RspDue: 10/29/1999|
|10||10/29/1999||with trial court)|
|11||10/29/1999||Faxed copy of letter from Alan J. Sheppard dated 10-29-99 & Affidavit of Appellant in support of|
|12||10/29/1999||Motion to Remand (same as original filed 11-1-99)|
|13||11/01/1999||Response Filed(10-29-99 letter from Alan Sheppard clarifying issues to present to trial court|
|14||11/01/1999||in support of Motion to Remand filed 10-21-99 attached Affidavit of Ressler)|
|15||11/01/1999||ACTION BY CHIEF JUSTICE. Granted|
|16||11/02/1999||ORDER OF REMAND|
|17||01/11/2000||MOTION TO DISMISS APPEAL. RspDue: 01/24/2000|
|18||01/25/2000||Response to Motion to Dismiss (Use only after RSPDUE)|
|19||01/26/2000||ACTION BY SUPREME COURT. Denied|
|20||01/26/2000||Refiled RECORD ON APPEAL (3 vols.) & separates (124,140,150,187,224, & 251-includes 1 depos.& Exhs)|
|21||01/26/2000||(Not rec'd: #13,201,205,248-Steno Notes; and 95,127,151,166,& 193-Tapes)|
|22||01/26/2000||MOT. EXT/TIME APPELLANT BRIEF (sua sponte)|
|23||01/26/2000||ACTION BY CLERK. Granted: 03/06/2000|
|24||02/28/2000||MOT. EXT/TIME TRANSCRIPT (sua sponte)|
|25||02/28/2000||MOT. EXT/TIME APPELLANT BRIEF & Affidavit/Support|
|26||03/01/2000||Request for advance payment of transcript (Mjones, Jorgensen, Matthys)|
|27||03/01/2000||MOTION FOR RETURN OF RECORD FOR PURPOSES OF PREPARING TRANSCRIPT (oral request)|
|28||03/01/2000||ACTION BY CLERK (Mot/return ROA). Granted|
|29||03/01/2000||RETURN OF ROA TO DIST. CT.|
|30||03/06/2000||Faxed copy of letter from Alan Sheppard dated 3-6-00 w/ copy of Request for Trans.|
|31||03/14/2000||Amended Notice of Appeal (filed 3-9-00 in trial court)|
|32||03/14/2000||ACTION BY CHIEF JUSTICE (Mot/Ext/TRA). Granted: 04/20/2000|
|33||03/14/2000||ACTION BY CHIEF JUSTICE (Mot/Ext/ATB) (ATB is due on 5-22-00 provided the Transcripts are filed by. Granted: 05/22/2000|
|34||03/14/2000||4-20-00; if they are not prepared & filed by 4-20-00, the ATB is then due by 5-1-00)|
|35||03/31/2000||Transcripts dated April 8, 1999; May 10, 1999; January 12, 2000|
|36||04/03/2000||DISK - TRA (2 disks)|
|37||04/19/2000||TRANSCRIPT COMMENCING June 25, 2000 (3 Volumes)|
|38||04/19/2000||DISK - TRA of June 25 (3 Disks)|
|39||04/24/2000||Refiled RECORD ON APPEAL (4 vols.), Exhibits, & Deposition (1) (Not sent: 13,201,205,&248-Steno|
|40||04/24/2000||Notes, & 95,127,151,166, & 193-Tapes)|
|43||05/23/2000||DISK - ATB|
|44||06/12/2000||CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED JUNE 8, 2000|
|45||06/19/2000||MOT. EXT/TIME APPELLEE BRIEF (via fax)|
|46||06/19/2000||ACTION BY CLERK (MAT) (place on Sept. Term). Granted: 07/03/2000|
|47||06/20/2000||Original Motion for Enlarging Time for AEB & Aff/Support (Same as faxed copy)|
|50||06/30/2000||DISK - AEB|
|51||08/18/2000||MOT. EXT/TIME REPLY BRIEF|
|52||08/18/2000||ACTION BY CLERK - MRY. Granted: 08/17/2000|
|54||08/18/2000||DISK - RYB|
|55||08/21/2000||MOTION TO STRIKE (Reply Brief)|
|56||08/21/2000||ACTION BY SUPREME COURT (GWV). Denied|
|57||09/12/2000||APPEARANCES: Alan J. Sheppard, Marsha Resler; Leslie Johnson Aldrich, Kevin Anderson|
|58||09/12/2000||ARGUED: Sheppard; Johnson (Vol. X; page 55)|
|60||10/26/2000||UNANIMOUS OPINION: Maring, Mary Muehlen|
|61||10/26/2000||Costs on appeal taxed in favor of appellee|
|62||10/27/2000||Order/Judgment Mailed to Parties|
|64||11/28/2000||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|65||01/25/2007||EXPUNGED - Nonpermanent record items destroyed|