R.F. v. M.M., et al.
Docket No. 20100046
Oral Argument:
Wednesday, September 1, 2010 2:45pm
Docket Info
- Title
- R.F., individually and as
Personal Representative of the Estate
of E.F., deceased, Plaintiff and Appellee
v.
M.M. and R.J.M., a minor child, by
and through her guardian, M.M., Defendants
---------------
M.M., Appellant - Case Type
- CIVIL APPEAL : PATERNITY
- Appeal From
-
Case No. 09-R-222
East Central Judicial District, Cass County
Douglas R. Herman
2010 ND 195789 N.W.2d 723
Oral Argument
9/1/2010
Highlight
When the plaintiff is not the appropriate party to bring an action under a statute, the court must give the party a reasonable time for ratification, joinder, or substitution of the real party in interest before dismissing the action.
A court's decision on grandparent visitation is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
A grandparent does not have to have an existing relationship with the child before a court may award grandparent visitation, but the court must find that the visitation is in the child's best interests and that the visitation will not interfere with the parent-child relationship.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/08/2010 | NOTICE OF APPEAL : 02/04/2010 | |
| 2 | 02/08/2010 | ORDER FOR TRANSCRIPT : 02/04/2010 | |
| 3 | 02/24/2010 | TRANSCRIPTS DATED July 2, 2009 & December 15, 2009 & C.O.S. | |
| 4 | 02/26/2010 | DISK-TRA (7/2/09 & 12/15/09) e-mailed. | |
| 5 | 03/01/2010 | Amended Notice of Appeal | |
| 6 | 03/09/2010 | RECORD ON APPEAL (Electronic) | |
| 7 | 03/11/2010 | MOTION FOR Remand - RspDue : 03/16/2010 | |
| 8 | 03/12/2010 | Response Filed | |
| 9 | 03/12/2010 | MOTION FOR leave to file Rule 60b motion and remand | |
| 10 | 03/12/2010 | ACTION BY CHIEF JUSTICE (Appellee's motion for remand) - Granted | |
| 11 | 03/12/2010 | ACTION BY CHIEF JUSTICE (leave for Rule 60b motion & remand) - Granted | |
| 12 | 03/12/2010 | ORDER OF REMAND | |
| 13 | 03/12/2010 | Order of Remand Sent to Parties | |
| 14 | 03/19/2010 | TRANSCRIPT DATED APRIL 9, 2009 & JANUARY 4, 2010, & C.O.S. | |
| 15 | 03/19/2010 | DISK-TRA (4/9/09 & 1/4/10). E-MAILED | |
| 16 | 04/07/2010 | RECORD ON APPEAL (electronic) | |
| 17 | 04/13/2010 | Supplemental Clerk's Certificate (104-132 electronic) | |
| 18 | 04/26/2010 | Supplemental Clerk's Certificate (133-135 electronic) | |
| 19 | 04/27/2010 | Supplemental Clerk's Certificate (136-137 electronic) | |
| 20 | 04/28/2010 | TRANSCRIPT DATED APRIL 7, 2010, & C.O.S. (the orginal is filed in the Record on Appeal) | |
| 21 | 04/30/2010 | DISK-tra (4/7/10) e-mailed | |
| 22 | 05/05/2010 | MOTION FOR STAY OF JUDGMENT PENDING APPEAL & BRIEF IN SUPPORT - RspDue : 05/19/2010 | |
| 23 | 04/28/2010 | APPELLANT BRIEF,with attached Addendum (see corrected ATB filed 5-13-10) | |
| 24 | 04/28/2010 | APPELLEE APPENDIX | |
| 25 | 04/29/2010 | Corrected pages 22 and 27 for ATB | |
| 26 | 05/05/2010 | Table of Contents for ATA | |
| 27 | 05/13/2010 | APPELLANT BRIEF, with attached Addendum (corrected) | View |
| 28 | 05/13/2010 | DISK - corrected ATB (e-mailed) | |
| 29 | 05/19/2010 | Response Filed To Motion for Stay | |
| 30 | 05/19/2010 | EFILED RESPONSE | |
| 31 | 05/26/2010 | ACTION BY SUPREME COURT (Mot. for Stay of Judgment Pending Appeal) - Denied | |
| 32 | 06/14/2010 | APPELLEE BRIEF (e-filed) | View |
| 33 | 06/14/2010 | E-FILED BRIEF (AEB) | |
| 34 | 06/14/2010 | APPELLEE APPENDIX (e-filed) | |
| 35 | 06/14/2010 | E-FILED APPENDIX (AEA) | |
| 36 | 06/16/2010 | Received $25 surcharge for AEB (Receipt #19682) | |
| 37 | 06/17/2010 | Received 7 copies of AEB from CSD | |
| 38 | 06/17/2010 | Received 7 copies of AEA from CSD | |
| 39 | 06/28/2010 | REPLY BRIEF (E-FILED) | View |
| 40 | 06/28/2010 | E-FILED BRIEF (RYB) | |
| 41 | 07/02/2010 | Received $25 e-filing surcharge for RYB (Receipt #19700). | |
| 42 | 07/07/2010 | Received 7 copies of RYB from Central Duplicating. | |
| 43 | 07/28/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 44 | 09/01/2010 | APPEARANCES: Stephen R. Dawson; Greg W. Liebl | |
| 45 | 09/01/2010 | ARGUED: Dawson; Liebl | |
| 46 | 09/01/2010 | ORAL ARGUMENT WEBCAST | |
| 47 | 09/23/2010 | MOTION FOR PARTIAL STAY OF JUDGMENT PENDING APPEAL (Renewed) - RspDue : 10/04/2010 | |
| 48 | 09/23/2010 | E-FILED MOTION | |
| 49 | 10/04/2010 | Response Filed - Appellee's Brief in Opposition to Renewed Motion for Stay | |
| 50 | 10/04/2010 | EFILED RESPONSE | |
| 51 | 10/06/2010 | ACTION BY SUPREME COURT - Denied | |
| 52 | 10/19/2010 | DISPOSITION | |
| 53 | 10/19/2010 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
| 54 | 10/19/2010 | Costs on Appeal taxed in favor of Appellee | |
| 55 | 10/20/2010 | Judgment Sent to Parties | |
| 56 | 11/16/2010 | MANDATE | |
| 57 | 11/22/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 58 | 06/21/2021 | EXPUNGED - Nonpermanent record items destroyed |