Eberle v. Eberle
Docket No. 20080317
Oral Argument:
Monday, April 6, 2009 9:30am
Docket Info
- Title
- John Eberle, Plaintiff and Appellee
v.
Heidi Eberle, Defendant and Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 07-C-00016
South Central Judicial District, Emmons County
Bruce A. Romanick
2009 ND 107766 N.W.2d 477
Oral Argument
4/6/2009
Highlight
Interlocutory orders generally are not appealable and may be revised or reconsidered any time before the final order or judgment is entered.
A settlement agreement is unconscionable and may not be enforced if there are procedural abuses arising out of the contract formation and substantive abuses relating to the terms of the agreement.
When a settlement agreement is rapidly entered into, only one party is represented by an attorney, and the terms of the agreement are one-sided it strongly indicates the agreement was entered into under duress or undue influence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 11/28/2008 | NOTICE OF APPEAL : 11/25/2008 | |
| 2 | 11/28/2008 | ORDER FOR TRANSCRIPT : 11/25/2008 | |
| 3 | 12/02/2008 | RETENTION OF RECORD ON APPEAL : 01/14/2009 | |
| 4 | 12/23/2008 | Suspension of Preparation of Transcript per Court Recorder Lisa Soma. | |
| 5 | 12/29/2008 | Letter to Lisa Soma from Mr. Grenz's office dated 12-25-08 RE:payment for TRA | |
| 6 | 12/30/2008 | Preparation of Transcript Resumed - Lisa Soma | |
| 7 | 01/14/2009 | TRANSCRIPTS DATED March 3, 2008, October 23, 2008 & October 24, 2008 (3 vols.) | |
| 8 | 01/14/2009 | DISK - TRA (3/3/08, 10/23/08, & 10/24/08) (e-mailed) | |
| 9 | 01/16/2009 | RECORD ON APPEAL (2 volumes) & Separates (Entry Nos. 7, 28, 37, 114 & 122). | |
| 10 | 02/23/2009 | APPELLANT BRIEF (e-filed) | View |
| 11 | 02/23/2009 | E-FILED BRIEF (ATB) | |
| 12 | 02/23/2009 | APPELLANT APPENDIX (e-filed) | |
| 13 | 02/23/2009 | E-FILED APPENDIX (ATA) | |
| 14 | 02/24/2009 | Received $36 surcharge for ATB & ATA (Receipt #18740) | |
| 15 | 02/25/2009 | Received corrected transcript Page 297 of Volume II. | |
| 16 | 02/25/2009 | DISK-tra (10/24/08) w/corrected Page 297. (e-mailed) | |
| 17 | 02/26/2009 | Received 7 copies of ATB from Central Duplicating. | |
| 18 | 02/26/2009 | Received 6 copies of ATA from Central Duplicating. | |
| 19 | 03/25/2009 | APPELLEE BRIEF | View |
| 20 | 03/25/2009 | DISK - aeb (e-mailed) | |
| 21 | 04/06/2009 | APPEARANCES: Donavin L. Grenz/Paul H. Myerchin | |
| 22 | 04/06/2009 | ARGUED: Grenz; Myerchin | |
| 23 | 04/06/2009 | ORAL ARGUMENT WEBCAST | |
| 24 | 06/17/2009 | DISPOSITION (AND REMANDED) | |
| 25 | 06/17/2009 | SPLIT OPINION : VandeWalle, Gerald W. | View |
| 26 | 06/17/2009 | Concur in the result : Crothers, Daniel John | |
| 27 | 06/17/2009 | Dissent : Sandstrom, Dale V. | |
| 28 | 06/17/2009 | COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT | |
| 29 | 06/18/2009 | Judgment e-mailed to Parties | |
| 30 | 06/29/2009 | APPELLEE'S PETITION FOR REHEARING | View |
| 31 | 06/29/2009 | DISK-PER (e-mailed) | |
| 32 | 07/09/2009 | ACTION BY SUPREME COURT (Pet/Rehearing) - Denied | |
| 33 | 07/09/2009 | (NOTE: DVS voted to grant) | |
| 34 | 07/22/2009 | MANDATE | |
| 35 | 07/27/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 36 | 10/05/2020 | EXPUNGED - Nonpermanent record items destroyed |