Anderson v. Resler

990254

Kevin Lowell Anderson and
Kaylen Marie Resler, a
minor child by and through
her guardian ad litem, Dee
Larson, Plaintiffs and Appellees
v.
Marsha Resler, Defendant and Appellant

Appeal from:

District Court, East Central Judicial District, Cass County
Judge Norman J. Backes

Nature of Action:

Child Cust & Support (Div.\other)

Counsel:

Appellant:		Alan J. Sheppard
Appellee:		Johnson Law Office P.C.

Term:

09/2000 Argument: 09/12/2000 09:00am

ND cite:

2000 ND 183

NW cite:

618 N.W.2d 480

Issues:

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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Docket entries:

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)
41	05/22/2000	APPELLANT BRIEF
42	05/22/2000	APPELLANT APPENDIX
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)
48	06/30/2000	APPELLEE BRIEF
49	06/30/2000	APPELLEE APPENDIX
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
53	08/18/2000	REPLY BRIEF
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)
59	10/26/2000	DISPOSITION: AFFIRMED
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
63	11/22/2000	MANDATE
64	11/28/2000	RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
65	01/25/2007	EXPUNGED - Nonpermanent record items destroyed

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