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Scott v. Scott

Docket No. 20200344
Oral Argument: Waived

Docket Info

Title
Amber Y. Scott, Plaintiff
v.
Ryan P. Scott, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2017-DM-01210
East Central Judicial District, Cass County
Steven L. Marquart
2021 ND 128962 N.W.2d 408

Highlight

A party moving to modify joint residential responsibility more than two years after the initial order establishing residential responsibility bears the burden of showing a material change in circumstances has occurred. A court’s decision on whether a material change has occurred is a finding of fact which will not be reversed unless it is clearly erroneous. A court is not required to analyze the best interest factors if a material change is not shown.


Briefs

Filing Date Description
03/17/2021 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Richard J. Linnerooth - 04207

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 12/07/2020 NOTICE OF APPEAL : 12/07/2020
2 12/07/2020 ORDER FOR TRANSCRIPT : 12/11/2020
3 12/10/2020 Rec'd $125.00 Filing Fee
4 12/11/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 12/11/2020 Notice Served on Richard J. Linnerooth and Brayden K. Harwood
6 01/06/2021 ELEC. RECORD ON APPEAL DATED JANUARY 5, 2021(ENTRY NOS. 1-134, 136-141)(Mailed #135)
7 01/07/2021 Rec'd Entry No. 135 from District Court by mail
8 01/28/2021 MOTION TO WITHDRAW AS COUNSEL BY HARWOOD
9 02/05/2021 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 28, 2020
10 02/05/2021 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 28, 2020 REDACTION KEY
11 02/05/2021 TRANSCRIPT C.O.S.
12 02/16/2021 ACTION BY CHIEF JUSTICE (MOTION TO WITHDRAW) - Granted
13 03/17/2021 APPELLANT BRIEF View
14 03/17/2021 APPELLANT APPENDIX
15 03/22/2021 Rec'd non-substantive corrections to ATB and ATA
16 03/24/2021 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
17 04/09/2021 Rec'd $6.50 for 13 additional pages over 100 in ATA (receipt #28113)
18 04/20/2021 NO APPELLEE'S BRIEF FILED
19 04/20/2021 ORAL ARGUMENT WAIVED - NO APPELLEE'S BRIEF FILED; NO REQUEST FOR ORAL ARGUMENT BY APPELLANT
20 05/20/2021 APPEARANCES: Waived for App't under N.D.R.App.P. 34(a)(1)(c) and for Appellee under 34(a)(1)(a)
21 05/20/2021 ARGUED: Waived for App't under N.D.R.App.P. 34(a)(1)(c) and for Appellee under 34(a)(1)(a)
22 07/08/2021 DISPOSITION
23 07/08/2021 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
24 07/08/2021 Judgment
25 07/30/2021 MANDATE
26 08/02/2021 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE