Schiff v. Schiff

990335 Karen D. Schiff, Plaintiff and Appellant
v.
Gary D. Schiff, Defendant and Appellee

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Kirk Smith
Nature of Action: Child Cust & Support (Div.\other)
Counsel:
Appellant: Galstad, Jensen & McCann, P.A.
Appellee: Howe & Seaworth
Term: 03/2000   Argument: 03/27/2000  9:30am
ND cite: 2000 ND 113
NW cite: 611 N.W.2d 191


Issues: Appellant's Statement of the Issues:
I. The trial court erred in its award of visitation.
II. The trial court erred in its calculation of child support
III. The trial court erred in its award of spousal maintenance
IV. The trial court erred in delaying entry of judgment nearly one year following trial.

Appellee's Statement of the Issues:
1. Trial court's provisions for visitation between Gary and the children pursuant to NDCC section 14-05-22, including the provisions for extended visitation, were not clearly erroneous.
2. Trial court's application of the ND child support guidelines was not clearly erroneous.
3. Trial court's award of spousal support was not clearly erroneous.
4. Trial court's delay in entry of judgment of divorce is not clearly erroneous and at most constituted harmless error in that there was no disadvantage to appellant. There is no showing of bias to justify or support the Appellant's conclusion for remand to a different judge.

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Docket entries:
111/08/1999 NOTICE OF APPEAL: 11/05/1999
211/08/1999 ORDER FOR TRANSCRIPT: 11/05/1999
311/18/1999 RETENTION OF RECORD ON APPEAL by Court Reporter: 12/25/1999
412/21/1999 TRANSCRIPT DATED December 3, 1996; January 8 & 9, 1997 (original in ROA); October 6, 1997 (original
512/21/1999 in ROA); September 1 & 2, 1998; July 16, 1999; July 28, 1999 (original in ROA)
612/21/1999 RECORD ON APPEAL 2 volumes & separates (not rec'd - 71(missing) & steno notes)
712/22/1999 DISK - TRA (2)
801/31/2000 APPELLANT BRIEF
901/31/2000 Table of Contents for Appellant's Appendix
1002/01/2000 DISK - ATB
1102/01/2000 Request for Deferred Joint Appendix (Letter from Ms. Jensen dated 1-31-00)
1202/01/2000 ACTION BY Chief Deputy CLERK CMB. Granted
1302/16/2000 APPELLANT APPENDIX
1403/03/2000 MOT. EXT/TIME APPELLEE BRIEF
1503/03/2000 ACTION BY CLERK (MAE) (NOTE: RYB, if any, must be served and filed no later than 3-21-00). Granted: 03/07/2000
1603/15/2000 APPELLEE BRIEF (original)
1703/15/2000 APPELLEE APPENDIX
1803/17/2000 APPLICATION TO EXTEND TIME FOR FILING APPELLEE'S BRIEF
1903/17/2000 ACTION BY CHIEF JUSTICE. Granted: 03/15/2000
2003/17/2000 Original Appellee's Brief
2103/20/2000 DISK - aeb
2203/20/2000 Faxed Motion to Continue Time for OA
2303/21/2000 MOTION TO CONTINUE TIME FOR OA (w/attach.)
2403/21/2000 ACTION BY CHIEF JUSTICE (OA will be held as scheduled on 3-27-00 at 9:30 a.m.). Denied
2503/27/2000 APPEARANCES: Patti Jo Jensen; Mary E. Seaworth
2603/27/2000 ARGUED: Jensen; Seaworth (Vol. X; page 7)
2704/03/2000 REPLY BRIEF of Appellant
2804/04/2000 DISK - RYB
2904/06/2000 Objection to Untimely Filing of Reply Brief and MOTION TO STRIKE
3004/06/2000 ACTION BY CHIEF JUSTICE (MOT/STRIKE). Denied
3104/10/2000 Gray covers for Reply Brief (Attached to original and one copy w/copies to Justices' secretaries)
3205/25/2000 DISPOSITION (Remanded): AFFIRMED/PT, REVERSED/PT
3305/25/2000 SPLIT OPINION: Kapsner, Carol Ronning
3405/25/2000 (CONCUR and DISSENT): VandeWalle, Gerald W.: CON/DIS
3505/25/2000 At the direction of the Court there are no costs taxed in this appeal
3605/26/2000 Order/Judgment Mailed to Parties
3706/19/2000 MANDATE
3806/23/2000 RECEIPTS SIGNED BY DISTRICT COURT CLERK'S OFFICE
3903/05/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 07/29/2014