Pearson v. Pearson
Docket No. 20080299
Oral Argument:
Tuesday, April 14, 2009 3:00pm
Docket Info
- Title
- Robert Scott Pearson, Plaintiff and Appellee
v.
Lois Elaine Pearson, Defendant and Appellant - Case Type
- CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
- Appeal From
-
Case No. 08-C-00270
Northeast Central Judicial District, Grand Forks County
Lawrence E. Jahnke
2009 ND 154771 N.W.2d 288
Oral Argument
4/14/2009
Highlight
An award of spousal support is finding of fact which will not be set aside on appeal unless clearly erroneous.
We will not set aside the trial court's determinations on property division or spousal support for failure to explicitly state the basis for its findings if that basis is reasonably discernable by deduction or inference.
We remand for further proceedings when permanent spousal support is requested but not awarded and the district court does not articulate why an award was not made.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/17/2008 | NOTICE OF APPEAL : 11/13/2008 | |
| 2 | 11/17/2008 | ORDER FOR TRANSCRIPT : 11/13/2008 | |
| 3 | 11/20/2008 | Acknowledgment of OTR & Request for RETENTION OF RECORD ON APPEAL from Court Reporter Karen Aamodt : 01/02/2009 | |
| 4 | 12/09/2008 | TRANSCRIPT DATED 9/17/08 | |
| 5 | 12/11/2008 | DISK-TRA (9/17/08) | |
| 6 | 12/11/2008 | CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. | |
| 7 | 12/11/2008 | RECORD ON APPEAL & SEPARATES (ENTRY NOS. 74-88). NOT REC'D WERE ENTRY NOS. 25, 52, 53, 61 & 72). | |
| 8 | 01/13/2009 | APPELLANT BRIEF | View |
| 9 | 01/13/2009 | APPELLANT APPENDIX | |
| 10 | 01/14/2009 | DISK-ATB (E-MAILED) | |
| 11 | 01/21/2009 | Received copies of corrected Table of Authorities and pages for Appellant Brief | |
| 12 | 02/13/2009 | APPELLEE BRIEF (e-filed) (PDF) | View |
| 13 | 02/17/2009 | E-FILED BRIEF (aeb) (pdf) | |
| 14 | 02/18/2009 | Received $25 surcharge for AEB (Receipt # 18731) | |
| 15 | 02/19/2009 | Received 7 copies of AEB from Central Duplicating. | |
| 16 | 03/30/2009 | Due to extreme weather in southern N.D., oral argument continued to April | |
| 17 | 04/14/2009 | APPEARANCES: Patti J. Jensen and Lois Pearson/Alexander F. Reichert | |
| 18 | 04/14/2009 | ARGUED: Jensen/Reichert | |
| 19 | 04/14/2009 | ORAL ARGUMENT WEBCAST | |
| 20 | 08/18/2009 | DISPOSITION | |
| 21 | 08/18/2009 | SPLIT OPINION : Crothers, Daniel John | View |
| 22 | 08/18/2009 | (DISSENT) : Maring, Mary Muehlen | |
| 23 | 08/18/2009 | (DISSENT) : Sandstrom, Dale V. | |
| 24 | 08/18/2009 | Neither party to recover costs and disbursements on this appeal | |
| 25 | 08/19/2009 | Judgment e-mailed to Parties | |
| 26 | 09/10/2009 | MANDATE | |
| 27 | 09/16/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 28 | 10/19/2020 | EXPUNGED - Nonpermanent record items destroyed |