Wald v. Holmes
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
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A truthful affidavit may not be subsequently withdrawn from evidence when the affiant seeks withdrawal merely because she no longer wishes to be involved in a case.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.
(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| 4 | 05/29/2013 | APPELLANT BRIEF (PDF) (withdrawn, e-filing surcharge not paid) | |
| 5 | 05/29/2013 | E-FILED BRIEF (PDF) (withdrawn) | |
| 6 | 05/29/2013 | APPELLANT APPENDIX (withdrawn) | |
| 7 | 05/29/2013 | E-FILED APPENDIX (withdrawn) | |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 |