Riddle v. Riddle

20170233 Mona Jean Riddle, Plaintiff and Appellee
v.
Robert Neal Riddle, Defendant and Appellant

Appeal from: District Court, Southeast Judicial District, Foster County
Judge James D. Hovey
Nature of Action: Divorce/Property Div./Alimony
Counsel:
Appellant: Joshua Nyberg
Appellee: Kara Elizabeth Brinster
Term: 01/2018   Argument: 01/04/2018
ND cite: 2018 ND 62
NW cite: 907 N.W.2d 769

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
The trial court abused its discretion in denying the appellant's motion for a new trial
The appellant's right to due process was violated when the appellant was not permitted to fully participate in the trial in this matter
The gross negligence of the appellant's prior counsel breached the standard of care for an attorney and unfairly prejudiced the appellant

Appellee's Statement of the Issues:
1. The trial court did not abuse its Discretion in Denying the Appellant's Motion for a New Trial.
2. The district court does not have an obligation to go out of its way to ensure the Appellant was present at trial.
3. There is no Right to Counsel in civil matters.

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Docket entries:
106/20/2017 NOTICE OF APPEAL: 06/20/2017
206/20/2017 ORDER FOR TRANSCRIPT: 06/27/2017
306/23/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
406/23/2017 Notice served on James A. Reisnour and Joshua Nyberg
506/23/2017 Received $125 filing fee
606/26/2017 Preliminary Issues
706/27/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
806/27/2017 Notice served on James A. Reisnour and Joshua Nyberg
907/19/2017 ELEC. RECORD ON APPEAL DATED JULY 18, 2017 (ENTRY NOS. 1-95)
1007/26/2017 AMENDED ELEC. RECORD ON APPEAL DATED JULY 26, 2017 (ENTRY NOS. 1-97)
1107/27/2017 Notice of Appearance of Kara E. Brinster on behalf of Appellee
1208/25/2017 ELECTRONIC TRANSCRIPT DATED October 14, 2016, & C.O.S.
1309/27/2017 MOT. EXT/TIME APPELLANT BRIEF
1409/27/2017 E-FILED MOTION
1509/28/2017 ACTION BY CLERK. Granted: 10/18/2017
1610/18/2017 APPELLANT BRIEF
1710/18/2017 E-FILED BRIEF
1810/18/2017 APPELLANT APPENDIX
1910/18/2017 E-FILED APPENDIX
2010/23/2017 Received $25 e-filing surcharge for ATB and $60 e-filing surcharge for ATA (receipt #25554)
2110/25/2017 Received 6 copies of ATB and 6 copies of ATA from CSD
2211/17/2017 APPELLEE BRIEF (PDF)
2311/17/2017 E-FILED BRIEF (PDF)
2411/21/2017 Rec'd 6 copies of AEB from Central Duplicating
2511/22/2017 Rec'd $25 e-filing surcharge for AEB (receipt #25608)
2612/18/2017 NOTICE OF ORAL ARGUMENT SENT
2701/04/2018 APPEARANCES: Joshua Nyberg; Kara E. Brinster
2801/04/2018 ARGUED: Joshua Nyberg; Kara E. Brinster
2901/04/2018 ORAL ARGUMENT WEBCAST
3002/22/2018 DISPOSITION: AFFIRMED
3102/22/2018 UNANIMOUS OPINION: VandeWalle, Gerald W.
3202/22/2018 Costs on appeal taxed in favor of appellee
3302/23/2018 Judgment Sent to Parties
3403/27/2018 MANDATE

Generated from Supreme Court Docket on 10/19/2018