[Go to Docket] | Filed Nov. 19, 1987 |
Jeffrey J. Pitsenbarger, Plaintiff and Appellant
v.
Dana J. Pitsenbarger, Defendant and Appellee
Civil No. 870102
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Norman J. Backes, Judge.
MODIFIED AND AFFIRMED.
Opinion of the Court by Meschke, Justice.
Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., 10 Roberts Street, P.O. Box 6017, Fargo, ND 58108-6017, for plaintiff and appellant; argued by Steven K. Aakre.
Stefanson, Landberg, Plambeck & Geeslin, 403 Center Avenue, P.O. Box 1287, Moorhead, MN 56560-1287, for defendant and appellee; argued by Todd W. Foss.
Pitsenbarger v. Pitsenbarger
Meschke, Justice.
Jeffrey J. Pitsenbarger appeals from a money judgment in favor of his former spouse, claiming that amounts adjudged for spousal support were improperly made retroactive and that he was not responsible for his children's eyecare costs. The retroactivity issue was effectively determined by our prior decisions; Pitsenbarger v. Pitsenbarger, 382 N.W.2d 662 (N.D. 1986) and 398 N.W.2d 741 (1986). We modify the judgment to $8,364.18 to correct a conceded computational mistake and otherwise affirm under NDRAppP 35.1(a)(2). We remand to the trial court for determination of an allowance for attorney fees to Dana for this appeal.
Herbert L. Meschke
Vernon R. Pederson, S.J.
Gerald W. VandeWalle
H.F. Gierke III
Ralph J. Erickstad, C.J.
Pederson, S.J., sitting in place of Levine, J., disqualified.