Kautzman v. Kautzman

990328 Rachel M. Kautzman,
n/k/a Rachel M. Dietz, Plaintiff and Appellee
v.
Robert A. Kautzman, Defendant and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Norman J. Backes
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Garaas Law Firm
Appellee: Vogel Law Firm
Appellant: Johnson, Ramstad & Mottinger, PLLP
Term: 04/2000   Argument: 04/26/2000  10:45am
ND cite: 2000 ND 116
NW cite: 611 N.W.2d 883


Issues: Appellant's Statement of the Issues:
I. Did the trial court make a proper determination of the value of Kautzman Construction, Inc., and then properly redetermine the property distribution?
II. Did the trial court fail to properly address the issue of an award of attorney fees?
III. Did the trial court err in finding Robert in contempt of court?
IV. Did the trial court err in not granting relief requested by Robert, and by granting judgments against Robert?

Appellee's Statement of the Issues:
I. The trial court did not err in determining the value of Kautzman construction, inc., on remand, or in redetermining the property distribution in light of the revaluation of Kautzman Construction, Inc.
II. The trial court did not abuse its discretion in awarding plaintiff attorney fees and costs.
III. The trial court did not err in finding Robert in contempt of court.
IV. The trial court did not err in issuing a $1,500.00 money judgment for Robert's failure to turn over personal property.
V. The trial court did not err in ordering general money judgments for Robert's failures to comply with the third amended judgment.
Vi. Robert should be awarded a credit for all spousal support payments received by Rachel from income withholding.

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Docket entries:
110/25/1999 NOTICE OF APPEAL: 10/21/1999
210/25/1999 ORDER FOR TRANSCRIPT: 10/21/1999
310/25/1999 CONSOLIDATED WITH 19990386
410/25/1999 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
511/17/1999 RETENTION OF RECORD ON APPEAL: 12/10/1999
612/08/1999 TRANSCRIPTS DATED FEBRUARY 12, 1999, APRIL 1, 1999 (Joan Utter)and February 26, 1999(Roger Mjones)
712/09/1999 DISK - Disks of TRA's of Feb 12, 99, Apr. 1, 99 and Feb 26, 99
812/10/1999 TRANSCRIPTS DATED March 3, 1999, July 13, 1999 & July 20, 1999
912/13/1999 DISK - TRA's of Mar 3, 99, July 13, 99 & July 20,99
1012/13/1999 RECORD ON APPEAL (9 volumes)(separates 16, 17, 27, 28, 36, 75, 76, 125, 166-168, 173, 175, 179-182,
1112/13/1999 190-192, 215, 220, 227, 228, 256, 281-292, 295, 296, 312, 325-328, 354, 411, 463-478, 490, 491,
1212/13/1999 525, 529, 544, 549, 556, 583, 585, 603, 613-616,and 627
1312/13/1999 Not rec'd with ROA - 11, 34, 35, 46, 61, 74, 104, 126, 129, 137, 147, 356, 455, 482, 512, 527,
1412/13/1999 548, 557, 574, 593, 611, 612, 643, and 652 (steno notes and tapes) & 174 (missing document)
1512/17/1999 Clerk's Supp. Cert. of ROA dated December 16, 1999, with entries 691-697 attached.
1601/19/2000 APPELLANT BRIEF
1701/19/2000 Addendum attached to Appellant Brief
1801/19/2000 APPELLANT APPENDIX
1901/20/2000 DISK - ATB
2001/24/2000 Clerk's Supp. Cert. of ROA dated January 21, 2000, with entries 698-722 (not rec'd - 719(tape))
2102/22/2000 APPELLEE BRIEF
2202/22/2000 APPELLEE APPENDIX
2302/22/2000 DISK - AEB
2403/10/2000 REPLY BRIEF
2503/13/2000 DISK - RYB
2603/20/2000 SITTING WITH THE COURT: Grosz, Richard W.
2703/28/2000 Supplemental Clerk's Certificate dated 3-27-00 (Entry Nos. 668,723-777, w/exception of Nos. 745,
2803/28/2000 758&763-Tapes & 773-Execution, which were not sent by clerk)
2904/03/2000 Supplemental Clerk's Certificate dated 3-31-00 (Entry Nos. 778-779A)
3004/11/2000 Supplemental Clerk's Certificate dated 4-10-00 (Entry Nos 781-783; includes Trans. dated 3-14-00)
3104/14/2000 Supplemental Clerk's Certificate dated 4-13-00 (Entry Nos. 784-786A)
3204/26/2000 APPEARANCES: Jonathan T. Garaas; Jerilynn Brantner Adams
3304/26/2000 ARGUED: Garaas; Adams (Vol. X; page 20)
3405/30/2000 DISPOSITION: AFFIRMED
3505/30/2000 UNANIMOUS OPINION: Sandstrom, Dale V.
3605/30/2000 Costs on appeal taxed in favor of appellee
3705/30/2000 Order/Judgment Mailed to Parties
3806/09/2000 PETITION FOR REHEARING
3906/09/2000 DISK - PER
4007/05/2000 ACTION BY SUPREME COURT (PER). Denied
4107/13/2000 MANDATE
4207/17/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4302/22/2007 EXPUNGED - Nonpermanent record items destroyed

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