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Wald v. Holmes

Docket No. 20130124
Oral Argument: Tuesday, October 29, 2013 4:00pm

Docket Info

Title
Matthew F. Wald, Plaintiff and Appellee
v.
Anna Rose Holmes,
a/k/a Anna Rose Biemold, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2011-DM-00148
Northeast Central Judicial District, Grand Forks County
Joel D. Medd
2013 ND 212839 N.W.2d 820

Highlight

The doctrine of res judicata should not be strictly applied to preclude the trial court from hearing for the first time relevant primary residential responsibility-related evidence bearing on considerations of what is in a child's best interests.
A truthful affidavit may not be subsequently withdrawn from evidence when the affiant seeks withdrawal merely because she no longer wishes to be involved in a case.
In determining whether a prima facie case justifying modification of primary residential responsibility has been established, unless the opposing party's counter-affidavits conclusively establish the moving party's allegations have no credibility, the court must accept the truth of the moving party's allegations.
A district court's award of attorney fees is abuse of discretion when the district court did not apply the correct law in deciding substantive issues, and a party's claims were not frivolous when examined under the correct legal standards.


Briefs

Filing Date Description
06/28/2013 APPELLANT BRIEF (PDF) View
07/31/2013 APPELLEE BRIEF (PDF) View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Jacey Layne Johnston - 06214
APPELLANT PRIVATE PRACTICE Jesse D. Matson - 07045

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

Seq. # Filing Date Description Attachment
1 04/22/2013 NOTICE OF APPEAL : 04/19/2013
2 05/09/2013 Received $125.00 filing fee
3 05/23/2013 ELEC. RECORD ON APPEAL DATED May 22, 2013 (ENTRY NOS. 1-97)
4 05/29/2013 APPELLANT BRIEF (PDF) (withdrawn, e-filing surcharge not paid)
5 05/29/2013 E-FILED BRIEF (PDF) (withdrawn)
6 05/29/2013 APPELLANT APPENDIX (withdrawn)
7 05/29/2013 E-FILED APPENDIX (withdrawn)
8 06/13/2013 Rec'd non-substantive corrections to ATB
9 06/13/2013 MOT. EXT/TIME APPELLEE BRIEF
10 06/13/2013 E-FILED MOTION
11 06/13/2013 ACTION BY CLERK - Granted : 07/13/2013
12 06/13/2013 2ND ELEC. SUPP. RECORD ON APPEAL DATED June 12, 2013 (ENTRY NOS. 100-103)
13 06/14/2013 Rec'd 7 copies of ATB & 6 copies of ATA from Central Duplicating
14 06/19/2013 ATB and ATA withdraw under N.D. Sup. Ct. Admin. O. 14 for failure to pay e-filing surcharge
15 06/19/2013 S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 06/28/2013
16 06/19/2013 Appellee Brief Deadline Stayed Pending S. Ct. Not. of Dismissal/Failure to Proceed
17 06/28/2013 Response Filed - Affidavit of Attorney for Defendant
18 06/28/2013 ACTION BY CHIEF JUSTICE - Allowed Filing of ATB/ATA - Granted : 06/28/2013
19 06/28/2013 APPELLANT BRIEF (PDF) View
20 06/28/2013 E-FILED BRIEF (PDF)
21 06/28/2013 APPELLANT APPENDIX (PDF)
22 06/28/2013 E-FILED APPENDIX (PDF)
23 06/28/2013 Rec'd $25 surcharge for the ATB (receipt #21940)
24 07/02/2013 MOT. EXT/TIME APPELLEE BRIEF (due date for AEB reset because ATB was not timely for surcharge)
25 07/02/2013 ACTION BY CLERK (due date for AEB reset because ATB was not timely with surcharge) - Granted : 08/01/2013
26 07/31/2013 APPELLEE BRIEF (PDF) View
27 07/31/2013 E-FILED BRIEF (PDF)
28 07/31/2013 APPELLEE APPENDIX
29 07/31/2013 E-FILED APPENDIX
30 07/31/2013 AFFIDAVIT of Jacey Johnston (legal fees) (PDF)
31 08/02/2013 Rec'd $25 e-file surcharge for AEB & AEA (receipt #21999)
32 08/07/2013 Rec'd 7 copies of AEB & 6 copies of AEA from Central Duplicating
33 09/13/2013 NOTICE OF ORAL ARGUMENT SENT
34 10/01/2013 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
35 10/01/2013 E-FILED MOTION
36 10/05/2013 ACTION BY SUPREME COURT - Granted
37 10/28/2013 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
38 10/28/2013 E-FILED MOTION
39 10/28/2013 ACTION BY SUPREME COURT (Request to waive oral argument by Appellant) - Granted
40 10/29/2013 APPEARANCES: Waived under N.D.R.App.P. 34(f)
41 10/29/2013 ARGUED: None - waived
42 11/21/2013 DISPOSITION
43 11/21/2013 UNANIMOUS OPINION : Kapsner, Carol Ronning View
44 11/21/2013 Costs taxed in favor of Appellant
45 11/22/2013 Judgment Sent to Parties
46 12/16/2013 MANDATE
47 12/17/2021 EXPUNGED - Nonpermanent record items destroyed