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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.


Briefs

Filing Date Description
05/13/2010 APPELLANT BRIEF, with attached Addendum (corrected) View
06/14/2010 APPELLEE BRIEF (e-filed) View
06/28/2010 REPLY BRIEF (E-FILED) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Gregory William Liebl - 06132
APPELLANT PRIVATE PRACTICE Stephen R Dawson - 04638

(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