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Brouillet v. Brouillet

Docket No. 20150097
Oral Argument: Tuesday, October 6, 2015 4:00pm

Docket Info

Title
Bradley Brouillet Plaintiff and Appellee
v.
Marsha Brouillet Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2013-DM-00996
Northeast Central Judicial District, Grand Forks County
Jon J. Jensen
2016 ND 40875 N.W.2d 485

Highlight

A district court's award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous or it is not sufficiently specific to show the factual basis for the decision.
Courts should be cautious about dividing custody of children.
When determining child support, unless the district court makes a specific finding that the income reflected on a prior year's tax return is not a reliable indicator of future income, the court must not extrapolate an obligor's income.
A touchstone for an effective appeal of an issue requires the issue to be properly raised in the district court so that court can intelligently rule on the issue.


Briefs

Filing Date Description
07/31/2015 APPELLANT BRIEF (PDF) (compliant word limit) View
08/28/2015 APPELLEE BRIEF (PDF) View
09/08/2015 REPLY BRIEF (PDF) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Timothy Charles Lamb - 06820
APPELLEE PRO SE Bradley Brouillet

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

Seq. # Filing Date Description Attachment
1 03/24/2015 NOTICE OF APPEAL : 03/24/2015
2 03/24/2015 ORDER FOR TRANSCRIPT : 03/24/2015
3 03/26/2015 Rcv'd the filing fee (Receipt #23531)
4 03/26/2015 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/26/2015 Notice served on Timothy C Lamb and Sarah S. Barron
6 03/31/2015 Supplement to Notice of Appeal (preliminary issues)
7 04/07/2015 NOT. OF FILING SUP. TO NOTICE OF APPEAL (Preliminary Issues) AND PROOF OF SERV.
8 04/07/2015 Notice served on Timothy C. Lamb and Sarah S. Barron
9 04/07/2015 Acknowledgement of Order for Transcript by Marie Adams
10 04/15/2015 MOTION to Withdraw as Attorney of Record for Plaintiff/Appellee Bradley Brouillet
11 04/21/2015 ELEC. RECORD ON APPEAL DATED APRIL 20, 2015 (ENTRY NOS. 1-21; 23-131)
12 04/29/2015 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 28, 2015 (ENTRY NOS.132-133)
13 05/05/2015 ACTION BY CHIEF JUSTICE (Attorney Barron permitted to withdraw) - Granted
14 05/05/2015 Supplemental Certificate to Motion to Withdraw from Attorney Barron
15 05/05/2015 No further action taken on Motion to Withdraw
16 05/19/2015 ELECTRONIC TRANSCRIPT DATED DECEMBER 30 & 31, 2014 & C.O.S. WITH REDACTION KEY
17 06/25/2015 MOT. EXT/TIME APPELLANT BRIEF
18 06/25/2015 E-FILED MOTION
19 06/25/2015 ACTION BY CLERK - Granted : 07/28/2015
20 07/28/2015 Received non-compliant Appellant's brief (over word limit)
21 07/28/2015 APPELLANT APPENDIX (PDF)
22 07/28/2015 E-FILED APPENDIX
23 07/30/2015 Received non-compliant revised Appellant's Breif (over word limit)
24 07/31/2015 APPELLANT BRIEF (PDF) (compliant word limit) View
25 07/31/2015 E-FILED BRIEF (PDF)
26 08/04/2015 Received 7 copies of ATB from Central Duplicating
27 08/04/2015 Received 6 copies of ATA from Central Duplicating
28 08/05/2015 Received $25 ATB e-filing surcharge (Receipt #23767)
29 08/28/2015 APPELLEE BRIEF (PDF) View
30 08/28/2015 E-FILED BRIEF (PDF)
31 09/01/2015 Received $25 e-filing surcharge for AEB (Receipt #23812)
32 09/01/2015 Received 7 copies of the AEB from Central Duplicating
33 09/03/2015 NOTICE OF ORAL ARGUMENT SENT
34 09/03/2015 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
35 09/08/2015 REPLY BRIEF (PDF) View
36 09/08/2015 E-FILED BRIEF (PDF)
37 09/11/2015 Received 7 copies of the RYB from Central Duplicating
38 10/06/2015 APPEARANCES: Waived under N.D.RApp.P. 34(a)(2)
39 10/06/2015 ARGUED: Waived under N.D.RApp.P. 34(a)(2)
40 02/18/2016 DISPOSITION
41 02/18/2016 UNANIMOUS OPINION : Sandstrom, Dale V. View
42 02/18/2016 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
43 02/22/2016 Judgment Sent to Parties
44 03/11/2016 MANDATE