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D.E. v. K.F., et al.

Docket No. 20120069
Oral Argument: Monday, June 25, 2012 9:30am

Docket Info

Title
D.E., Plaintiff and Appellant
v.
K.F. and M.F., Defendants and Appellees
Case Type
CIVIL APPEAL : PATERNITY
Appeal From
Case No. 2011-DM-00413
Southwest Judicial District, Stark County
Zane Anderson
2012 ND 253825 N.W.2d 832
Oral Argument 6/25/2012

Highlight

A presumption of paternity arises when a man is married to the mother of a child and the child is born during the marriage.
Only a person for whose benefit a statute of limitations inures or someone standing in that person's place may take advantage of the statute. A statute of limitations defense may not be asserted by one party on behalf of another person.
In proceedings to adjudicate parentage, the court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or if the court finds that the interests of the child are not adequately represented.

Briefs

Filing Date Description
04/30/2012 APPELLANT BRIEF View
06/01/2012 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Theresa Luan Kellington - 05385
APPELLEE PRIVATE PRACTICE Ashley Holmes Hurlbert - 06499

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

Seq. # Filing Date Description Attachment
1 01/19/2012 NOTICE OF APPEAL : 01/18/2012
2 01/19/2012 ORDER FOR TRANSCRIPT : 01/18/2012
3 01/19/2012 ---CONFIDENTIAL---
4 02/17/2012 ELECTRONIC RECORD ON APPEAL (ENTRY NOS. 1-38).
5 03/06/2012 TRANSCRIPT DATED December 6, 2011 & C.O.S.
6 03/06/2012 DISK of tra dated 12-6-11 (e-mailed)
7 04/09/2012 MOT. EXT/TIME APPELLANT BRIEF & Brief/Support
8 04/09/2012 ACTION BY CLERK, granted provided an affidavit of good cause is filed by 4-16-12 - Granted : 04/30/2012
9 04/12/2012 Affidavit of Theresa L. Kellington received
10 04/30/2012 APPELLANT BRIEF View
11 04/30/2012 APPELLANT APPENDIX
12 05/03/2012 Corrected Appellant's Brief
13 05/03/2012 DISK-ATB (E-MAILED)
14 05/18/2012 NOTICE OF ORAL ARGUMENT SENT
15 06/01/2012 APPELLEE BRIEF View
16 06/01/2012 E-FILED BRIEF
17 06/06/2012 Received $25 surcharge for AEB (Receipt #21210)
18 06/08/2012 Received 7 copies of AEB from CSD
19 06/25/2012 APPEARANCES: Theresa L. Kellington; Ashley E. Holmes
20 06/25/2012 ARGUED: Theresa L. Kellington; Ashley E. Holmes
21 06/25/2012 Due to technical difficulty, oral argument was not webcasted
22 12/18/2012 DISPOSITION
23 12/18/2012 UNANIMOUS OPINION : Sandstrom, Dale V. View
24 12/18/2012 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
25 12/19/2012 Judgment Sent to Parties
26 01/18/2013 MANDATE
27 01/23/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 03/12/2013 Corrected Opinion Page (correction occurs at Para 22, Line 6, replacing "though" with "through"
29 09/27/2021 EXPUNGED - Nonpermanent record items destroyed