Search Tips

Holte v. Holte

Docket No. 20120312
Oral Argument: Tuesday, April 9, 2013 10:00am

Docket Info

Title
Dawn R. Holte, Plaintiff, Appellee
and Cross-Appellant
v.
Nathan W. Holte, Defendant, Appellant
and Cross-Appellee
Case Type
CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
Appeal From
Case No. 10-C-00730
Northwest Judicial District, Williams County
Joshua B. Rustad
2013 ND 174837 N.W.2d 894
Oral Argument 4/9/2013

Highlight

When a substantial marital debt has been excluded from the marital estate, it is not possible to determine whether the district court would have reached the same result in allocating the assets and debts had it included the debt.
Trusts are generally included as marital property subject to equitable distribution by the district court and may be divided at the time of divorce either by awarding the present value of the benefits or, when the present valuation is too speculative, by awarding a percentage of future payments.
Marital property is ordinarily valued as of the date of trial.


Briefs

Filing Date Description
12/20/2012 APPELLANT BRIEF View
02/14/2013 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Harry Malcolm Pippin - 04682
APPELLEE PRIVATE PRACTICE Charlotte Jo Skar Rusch - 06528
APPELLANT PRIVATE PRACTICE Faron Eugene Terry - 04925

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

Seq. # Filing Date Description Attachment
1 08/03/2012 NOTICE OF APPEAL : 07/30/2012
2 08/03/2012 ORDER FOR TRANSCRIPT : 07/30/2012
3 08/03/2012 ANNOUNCED DISQUALIFICATION : Crothers, Daniel John
4 09/17/2012 MOT. EXT/TIME TRANSCRIPT
5 09/17/2012 ACTION BY TRIAL COURT - Granted : 10/28/2012
6 09/27/2012 ELEC. RECORD ON APPEAL DATED SEPTEMBER 26, 2012 (ENTRY NOS. 1-117)
7 10/06/2012 NOTICE OF CROSS APPEAL (filed 9/6/12 in trial court)
8 10/05/2012 ELEC. 1st SUPP. RECORD ON APPEAL DATED October 4, 2012 (ENTRY NOS. 119 - 120)
9 10/08/2012 ELEC. Amended 1st SUPP. RECORD ON APPEAL DATED October 5, 2012(ENTRY NOS. 1-121).No Document #118
10 10/27/2012 TRANSCRIPT DATED APRIL 18, 2011, & C.O.S.
11 10/27/2012 DISK-TRA (4/18/11) E-MAILED
12 11/30/2012 MOT. EXT/TIME APPELLANT BRIEF
13 11/30/2012 ACTION BY CLERK : 12/20/2012
14 12/20/2012 APPELLANT BRIEF View
15 12/20/2012 APPELLANT APPENDIX
16 12/20/2012 DISK (ATB)
17 01/07/2013 MOT. EXT/TIME APPELLEE BRIEF
18 01/07/2013 E-FILED MOTION
19 01/07/2013 ACTION BY CLERK - Granted : 02/19/2013
20 02/14/2013 APPELLEE BRIEF View
21 02/14/2013 E-FILED BRIEF
22 02/15/2013 Received non-substantive corrections to paragraph numbering to AEB
23 02/19/2013 Received $25 e-filing surcharge for AEB (Receipt #21700)
24 02/21/2013 RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING
25 03/18/2013 NOTICE OF ORAL ARGUMENT SENT
26 03/19/2013 SITTING WITH THE COURT : Olson, Everett Nels
27 04/09/2013 APPEARANCES: Faron E. Terry; H. Malcolm Pippin
28 04/09/2013 ARGUED: Faron E. Terry; H. Malcolm Pippin
29 04/09/2013 ORAL ARGUMENT WEBCAST
30 09/30/2013 DISPOSITION (AND REMANDED)
31 09/30/2013 SPLIT OPINION : Kapsner, Carol Ronning View
32 09/30/2013 (CONCURRING AND DISSENTING) : Sandstrom, Dale V.
33 09/30/2013 Costs on appeal not taxed against either party
34 10/01/2013 Judgment Sent to Parties
35 10/23/2013 MANDATE
36 12/03/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE