Forster v. Flaagan
Docket No. 20150207
Oral Argument:
Tuesday, November 3, 2015 10:05am
Docket Info
- Title
- Lindsay Forster Plaintiff and Appellee
v.
Adam Flaagan Defendant and Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 09-R-01063
East Central Judicial District, Cass County
Susan Lynne Bailey
2016 ND 12873 N.W.2d 904
Oral Argument
11/3/2015
Highlight
A prima facie case for modification of primary residential responsibility is a bare minimum standard requiring facts that would support modification if proven at an evidentiary hearing.
If the moving party's allegations are supported by competent, admissible evidence, the court may conclude the moving party failed to establish a prima facie case only if: (1) the opposing party's counter-affidavits conclusively establish that the moving party's allegations have no credibility; or (2) the moving party's allegations are insufficient on their face, even if uncontradicted, to justify modification.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 07/20/2015 | NOTICE OF APPEAL : 07/20/2015 | |
2 | 07/17/2015 | Received Filing fee | |
3 | 07/20/2015 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 07/20/2015 | Notice Served on Jacey L. Johnston & Berly D. Nelson | |
5 | 07/29/2015 | Preliminary Issues | |
6 | 07/29/2015 | Not. of Filing Supp. To Notice of Appeal (Preliminary Issues) | |
7 | 08/17/2015 | ELEC. RECORD ON APPEAL DATED AUGUST 14, 2015 (ENTRY NOS.1-22, 24-37) | |
8 | 08/17/2015 | AMENDED ELEC. RECORD ON APPEAL DATED AUGUST 14, 2015 (ENTRY NOS. 1-22, 24-39) | |
9 | 08/27/2015 | APPELLANT BRIEF (PDF) | View |
10 | 08/27/2015 | E-FILED BRIEF (PDF) | |
11 | 08/27/2015 | APPELLANT APPENDIX | |
12 | 08/27/2015 | E-FILED APPENDIX | |
13 | 08/31/2015 | Received 7 copies of the ATB from Central Duplicating | |
14 | 08/31/2015 | Received 6 copies of the ATA from Central Duplicating | |
15 | 09/08/2015 | Received $25 surcharge for ATB (Receipt #23819) | |
16 | 09/28/2015 | APPELLEE BRIEF | View |
17 | 09/28/2015 | E-FILED BRIEF (PDF) | |
18 | 10/01/2015 | Received $25 surcharge for AEB (Receipt #24008) | |
19 | 10/01/2015 | Received 7 copies of the AEB from Central Duplicating | |
20 | 10/09/2015 | NOTICE OF ORAL ARGUMENT SENT | |
21 | 11/03/2015 | APPEARANCES: Jacey Layne Johnston and Appellant/Berly D. Nelson and Appellee | |
22 | 11/03/2015 | ARGUED: J. Johnston/B. Nelson | |
23 | 11/03/2015 | Heard at the UND School of Law | |
24 | 01/14/2016 | DISPOSITION | |
25 | 01/14/2016 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
26 | 01/14/2016 | Costs on appeal taxed in favor of Appellant | |
27 | 01/15/2016 | Judgment Sent to Parties | |
28 | 02/05/2016 | MANDATE | |
29 | 07/22/2022 | EXPUNGED - Nonpermanent record items destroyed |