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Skachenko v. Skachenko

Docket No. 20110370
Oral Argument: Monday, May 14, 2012 9:00am

Docket Info

Title
Kathryn Skachenko, Plaintiff and Appellee
v.
Roger D. Skachenko, Defendant and Appellant
Case Type
CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
Appeal From
Case No. 10-C-02717
South Central Judicial District, Burleigh County
Gail Hagerty
2012 ND 121817 N.W.2d 805
Oral Argument 5/14/2012

Highlight

A district court does not abuse its discretion when it denies a party's motion to use frozen marital funds to conduct a business evaluation when the moving party has access to non-frozen, separate funds and has not addressed why the non-frozen, separate funds cannot be used.
A district court does not abuse its discretion when it denies a post-trial motion to include, as a separate asset of the marital estate, a loan owed by a party's business to the party when the loan was not included on the property and debt listing filed with the court and was not at issue prior to or during trial.
A district court has discretion to award attorney fees as a sanction for misconduct during litigation and must make findings regarding culpability of the party against whom sanctions are being imposed, prejudice against the moving party, and the availability of less severe alternative sanctions.

Briefs

Filing Date Description
03/02/2012 APPELLANT BRIEF View
04/13/2012 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Brenda A Neubauer - 05210
APPELLANT PRIVATE PRACTICE Benjamin C Pulkrabek - 02908

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

Seq. # Filing Date Description Attachment
1 12/23/2011 NOTICE OF APPEAL : 12/21/2011
2 12/23/2011 ORDER FOR TRANSCRIPT : 12/21/2011
3 12/23/2011 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
4 12/23/2011 ACKNOWLEGMENT OF ORDER FOR TRANSCRIPT & REQUEST FOR RETENTION OF RECORD ON APPEAL : 02/09/2012
5 01/23/2012 Electronic RECORD ON APPEAL dated 1-20-12 (Entry Nos. 1-84)
6 02/03/2012 TRANSCRIPT DATED NOVEMBER 8, 2011, & C.O.S.
7 02/03/2012 DISK-tra (11/8/11) e-mailed
8 02/15/2012 Transcript dated 5-5-11 & C.O.S.
9 02/15/2012 DISK - tra (5/5/11) (e-mailed)
10 03/02/2012 APPELLANT BRIEF View
11 03/02/2012 E-FILED BRIEF
12 03/02/2012 APPELLANT APPENDIX
13 03/02/2012 E-FILED APPENDIX
14 03/05/2012 Received $25 surcharge for ATB (Receipt #20900)
15 03/07/2012 Received $63.50 surcharge for ATA (Receipt #20907)
16 03/09/2012 Received 7 copies of ATB from CSD
17 03/09/2012 Rec'd 6 copies of ATA from CSD
18 03/29/2012 MOT. EXT/TIME APPELLEE BRIEF
19 03/29/2012 E-FILED MOTION
20 03/29/2012 ACTION BY CHIEF DEPUTY CLERK - Granted : 04/13/2012
21 04/12/2012 NOTICE OF ORAL ARGUMENT SENT
22 04/13/2012 APPELLEE BRIEF View
23 04/13/2012 APPELLEE APPENDIX
24 04/13/2012 DISK - aeb (e-mailed)
25 04/19/2012 SITTING WITH THE COURT : Schmalenberger, Allan L.
26 05/14/2012 APPEARANCES: Benjamin C. Pulkrabek; Brenda A. Neubauer
27 05/14/2012 ARGUED: Benjamin C. Pulkrabek; Brenda A. Neubauer
28 05/14/2012 ORAL ARGUMENT WEBCAST
29 06/12/2012 DISPOSITION
30 06/12/2012 UNANIMOUS OPINION : Kapsner, Carol Ronning View
31 06/12/2012 Costs on appeal taxed in favor of appellee
32 06/12/2012 Judgment Sent to Parties
33 07/05/2012 MANDATE
34 07/09/2012 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
35 08/05/2021 EXPUNGED - Nonpermanent record items destroyed