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  9:00am
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:
108/10/1999 NOTICE OF APPEAL: 08/09/1999
209/13/1999 RECORD ON APPEAL (3 vols.), Exhibits, Deposition (1) (NOT REC'D: 13,201,205 - Steno Notes; and 95,
309/13/1999 127,151,166, & 193 - tapes)
409/20/1999 Clerk's Supplemental Cert. of ROA dated September 17, 1999 (entries 224-227)
510/19/1999 S.Ct. Not. of Dismissal/Failure to Proceed. RspDue: 10/29/1999
610/19/1999 Response Filed (Faxed copy of Motion to Remand and Aff/Support)
710/20/1999 Clerk's Supplemental Cert of ROA dated 10/19/99 (228-231)
810/21/1999 NO ACTION TAKEN (MSN)
910/21/1999 MOTION to Remand and Aff/Support (Mr. Sheppard is to clarify what motions/issues will be filed with. RspDue: 10/29/1999
1010/29/1999 with trial court)
1110/29/1999 Faxed copy of letter from Alan J. Sheppard dated 10-29-99 & Affidavit of Appellant in support of
1210/29/1999 Motion to Remand (same as original filed 11-1-99)
1311/01/1999 Response Filed(10-29-99 letter from Alan Sheppard clarifying issues to present to trial court
1411/01/1999 in support of Motion to Remand filed 10-21-99 attached Affidavit of Ressler)
1511/01/1999 ACTION BY CHIEF JUSTICE. Granted
1611/02/1999 ORDER OF REMAND
1701/11/2000 MOTION TO DISMISS APPEAL. RspDue: 01/24/2000
1801/25/2000 Response to Motion to Dismiss (Use only after RSPDUE)
1901/26/2000 ACTION BY SUPREME COURT. Denied
2001/26/2000 Refiled RECORD ON APPEAL (3 vols.) & separates (124,140,150,187,224, & 251-includes 1 depos.& Exhs)
2101/26/2000 (Not rec'd: #13,201,205,248-Steno Notes; and 95,127,151,166,& 193-Tapes)
2201/26/2000 MOT. EXT/TIME APPELLANT BRIEF (sua sponte)
2301/26/2000 ACTION BY CLERK. Granted: 03/06/2000
2402/28/2000 MOT. EXT/TIME TRANSCRIPT (sua sponte)
2502/28/2000 MOT. EXT/TIME APPELLANT BRIEF & Affidavit/Support
2603/01/2000 Request for advance payment of transcript (Mjones, Jorgensen, Matthys)
2703/01/2000 MOTION FOR RETURN OF RECORD FOR PURPOSES OF PREPARING TRANSCRIPT (oral request)
2803/01/2000 ACTION BY CLERK (Mot/return ROA). Granted
2903/01/2000 RETURN OF ROA TO DIST. CT.
3003/06/2000 Faxed copy of letter from Alan Sheppard dated 3-6-00 w/ copy of Request for Trans.
3103/14/2000 Amended Notice of Appeal (filed 3-9-00 in trial court)
3203/14/2000 ACTION BY CHIEF JUSTICE (Mot/Ext/TRA). Granted: 04/20/2000
3303/14/2000 ACTION BY CHIEF JUSTICE (Mot/Ext/ATB) (ATB is due on 5-22-00 provided the Transcripts are filed by. Granted: 05/22/2000
3403/14/2000 4-20-00; if they are not prepared & filed by 4-20-00, the ATB is then due by 5-1-00)
3503/31/2000 Transcripts dated April 8, 1999; May 10, 1999; January 12, 2000
3604/03/2000 DISK - TRA (2 disks)
3704/19/2000 TRANSCRIPT COMMENCING June 25, 2000 (3 Volumes)
3804/19/2000 DISK - TRA of June 25 (3 Disks)
3904/24/2000 Refiled RECORD ON APPEAL (4 vols.), Exhibits, & Deposition (1) (Not sent: 13,201,205,&248-Steno
4004/24/2000 Notes, & 95,127,151,166, & 193-Tapes)
4105/22/2000 APPELLANT BRIEF
4205/22/2000 APPELLANT APPENDIX
4305/23/2000 DISK - ATB
4406/12/2000 CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED JUNE 8, 2000
4506/19/2000 MOT. EXT/TIME APPELLEE BRIEF (via fax)
4606/19/2000 ACTION BY CLERK (MAT) (place on Sept. Term). Granted: 07/03/2000
4706/20/2000 Original Motion for Enlarging Time for AEB & Aff/Support (Same as faxed copy)
4806/30/2000 APPELLEE BRIEF
4906/30/2000 APPELLEE APPENDIX
5006/30/2000 DISK - AEB
5108/18/2000 MOT. EXT/TIME REPLY BRIEF
5208/18/2000 ACTION BY CLERK - MRY. Granted: 08/17/2000
5308/18/2000 REPLY BRIEF
5408/18/2000 DISK - RYB
5508/21/2000 MOTION TO STRIKE (Reply Brief)
5608/21/2000 ACTION BY SUPREME COURT (GWV). Denied
5709/12/2000 APPEARANCES: Alan J. Sheppard, Marsha Resler; Leslie Johnson Aldrich, Kevin Anderson
5809/12/2000 ARGUED: Sheppard; Johnson (Vol. X; page 55)
5910/26/2000 DISPOSITION: AFFIRMED
6010/26/2000 UNANIMOUS OPINION: Maring, Mary Muehlen
6110/26/2000 Costs on appeal taxed in favor of appellee
6210/27/2000 Order/Judgment Mailed to Parties
6311/22/2000 MANDATE
6411/28/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6501/25/2007 EXPUNGED - Nonpermanent record items destroyed

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