State ex rel. D.D. v. G.K.

990352 State of North Dakota, County of
Cass, ex rel. D.D., and A.K.-D., a
minor child, by and through his
guardian ad litem
------------------
D.D., Plaintiff and Appellant
v.
G.K., Defendant and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Lawrence A. Leclerc
Nature of Action: Paternity
Counsel:
Appellant: C Charles Chinquist
Appellee: #Kirschner Law Office
Term: 04/2000   Argument: 04/03/2000  2:45pm
ND cite: 2000 ND 101
NW cite: 611 N.W.2d 179


Issues: Appellant's Statement of the Issues:
1. The District Court erred in concluding there was no significant change of circumstances warranting a change in the custody of the minor child.
2. The District Court determination there was no significant change of circumstances was clearly erroneous and/or deficient.
3. The District Court erred in its interpretation of the applicable law.
4. The District Court's consideration of the mother's Motion for New Trial amounted to a clear abuse of discretion.
5. The District Court's decision to exclude evidence was clearly erroneous.

Appellee's Statement of the Issues:
1.Whether the Appellant was entitled to a hearing and a determination on her Motion for Change of Custody
2. Whether the District Court's decision not to change custody was clearly erroneous?
3. Whether the District Court abused it's discretion in denying the Appellant's motion for a New Trial?
4. Whether the District Court's decision to strike certain evidence was an abuse of discretion?

Add Docket 990352 RSS Add Docket 990352 RSS

Docket entries:
111/26/1999 - C O N F I D E N T I A L -
211/26/1999 NOTICE OF APPEAL: 11/23/1999
311/26/1999 ORDER FOR TRANSCRIPT: 11/23/1999
412/27/1999 RECORD ON APPEAL (3 Vols.); Depositions (3); original transcripts dated 8-14-96; 6-30-99 (marked
512/27/1999 Vol. I); 7-06-99 (marked Vol. II); and 8-25-99. (NOT REC'D: Clerk's Cert. Nos. 87 & 179 (Steno
612/27/1999 Notes) and Nos. 63, 89, 108, 127, 272, 277, and 289 (Tapes) which were retained in Dist. Ct.)
712/28/1999 TRANSCRIPTS DATED 6-30-99 (marked Vol. I); 7-06-99 (marked Vol. II); and 8-25-99 (NOTE: originals
812/28/1999 were filed w/ROA - see Clerk's Cert. No. 298)
912/29/1999 DISK NONCOMPLIANCE (TRA dated 6-30-99; 7-06-99; and 8-25-99)
1002/07/2000 MOT. EXT/TIME APPELLANT BRIEF; AFF. IN SUPPORT
1102/07/2000 ACTION BY CLERK (MAT). Granted: 02/14/2000
1202/14/2000 SUPPLEMENTAL CLERK'S CERTIFICATE DATED FEBRUARY 11, 2000 (Entries No. 309 - 312)
1302/14/2000 APPELLANT BRIEF
1402/14/2000 APPELLANT APPENDIX
1502/22/2000 Corrected Table of Authorities and pages 5 and 9 for ATB
1602/22/2000 DISK - atb
1703/15/2000 APPELLEE BRIEF
1803/17/2000 DISK - AEB
1903/22/2000 REPLY BRIEF OF APPELLANT
2003/23/2000 Clerk's Supp. Cert. of ROA dated 3/22/2000 with entries 312 through 320 attached
2103/24/2000 DISK - AT's RYB
2204/03/2000 APPEARANCES: C. Charles Chinquist; William Kirschner
2304/03/2000 ARGUED: Chinquist; Kirschner (Vol. X; page 14)
2405/25/2000 DISPOSITION: AFFIRMED
2505/25/2000 UNANIMOUS OPINION: Neumann, William A.
2605/25/2000 Costs on appeal taxed in favor of appellee
2705/26/2000 Order/Judgment Mailed to Parties
2806/16/2000 MANDATE
2906/23/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3003/09/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 08/21/2014