[Go to Docket] | Filed June 28, 1988 |
Randy Bernard Schmitz, Plaintiff and Appellee
v.
Joan Catherine Schmitz, Defendant and Appellant
Civil No. 880011
Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Lee A. Christofferson, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
Foughty, Christianson & White Eagle, 411 Fourth Avenue, P. O. Box 902, Devils Lake, ND 58301, for plaintiff and appellee; argued by Maureen White Eagle.
Traynor, Rutten & Traynor, 509 Fifth Street, P. O. Box 838, Devils Lake, ND 58301, for defendant and appellant; argued by J. Thomas Traynor, Jr.
Schmitz v. Schmitz
Meschke, Justice.
Joan Catherine Schmitz appealed from an amended divorce judgment placing custody of their two children with Randy Bernard Schmitz, and from an order denying a new trial on custody. Joan argued that the trial court was clearly erroneous in placing custody with Randy and that the trial court abused its discretion in refusing her a new trial for newly discovered evidence. We affirm under N.D.R.App.P. 35.1(a)(2) and (4).
Herbert L. Meschke
Beryl J. Levine
Gerald W. VandeWalle
H.F. Gierke III
Ralph J. Erickstad, C. J.