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Carroll v. Carroll

Docket No. 20160190
Oral Argument: Wednesday, October 26, 2016 9:00am

Docket Info

Title
Anna Carroll, Plaintiff
v.
Robert Carroll, Defendant and Appellant
and
State of North Dakota, Statutory Real Party in Interest
and Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2015-DM-00222
Southwest Judicial District, Stark County
William A. Herauf
2017 ND 73892 N.W.2d 173
Oral Argument 10/26/2016

Highlight

A district court's decision whether to vacate a judgment or grant a new trial rests entirely within the its discretion.
The district court has broad discretion whether to grant a motion for a continuance, and its decision will not be reversed on appeal absent an abuse of discretion.
The State is a statutory real party in interest in certain child support matters.
Child support determinations involve questions of law which are subject to the de novo standard of review, findings of fact which are subject to the clearly erroneous standard of review, and may, in some limited areas, be matters of discretion subject to the abuse of discretion standard of review.

Briefs

Filing Date Description
07/04/2016 APPELLANT BRIEF (PDF) View
07/28/2016 APPELLEE BRIEF (State) View

Counsel

Party Type Name
APPELLEE CHILD SUP. ENFORCEMENT Sheila K Keller - 04509
APPELLANT PRO SE Robert L. Carroll

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

Seq. # Filing Date Description Attachment
1 05/20/2016 NOTICE OF APPEAL : 05/20/2016
2 05/20/2016 ORDER FOR TRANSCRIPT : 05/24/2016
3 05/20/2016 Petition to Waive Filing Fee
4 05/20/2016 ACTION BY CLERK - Denied
5 05/24/2016 Received Filing Fee
6 05/24/2016 Received $25 ATB e-filing surcharge (Receipt #24426)
7 05/24/2016 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
8 05/24/2016 Notice served on Robert L. Carroll, Thomas F. Murtha & Christopher S. Pieske
9 05/25/2016 ELECTRONIC TRANSCRIPT DATED FEBRUARY 19, 2016 & C.O.S.
10 05/31/2016 Received C.O.S serving Mr. Pieske TRA dated February 19, 2016
11 06/20/2016 ELEC. RECORD ON APPEAL DATED JUNE 17, 2016 (ENTRY NOS.1-90)
12 07/04/2016 APPELLANT BRIEF (PDF) View
13 07/04/2016 E-FILED BRIEF (PDF)
14 07/04/2016 APPELLANT APPENDIX
15 07/04/2016 E-FILED APPENDIX
16 07/08/2016 Rec'd non-substantive corrections to ATB (redact pers info)
17 07/12/2016 Rec'd 7 copies of ATB & 6 copies of ATA from CSD
18 07/28/2016 APPELLEE BRIEF (State) View
19 07/28/2016 E-FILED BRIEF
20 08/01/2016 Received 7 copies of the AEB from Central Duplicating
21 08/02/2016 Received notice from Mr. Murtha counsel for Appellee they would not be filing an AEB
22 06/16/2016 Received IDB $25 e-filing surcharge for AEB
23 09/08/2016 NOTICE OF ORAL ARGUMENT SENT
24 09/28/2016 EMERGENCY MOTION FOR STAY PENDING APPEAL - RspDue : 10/03/2016
25 09/28/2016 E-FILED MOTION
26 10/03/2016 Response Filed
27 10/03/2016 Reply to Response filed
28 10/04/2016 ACTION BY SUPREME COURT - Denied
29 10/06/2016 Order Sent to Parties
30 10/17/2016 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
31 10/17/2016 E-FILED MOTION
32 10/17/2016 ACTION BY SUPREME COURT - Granted
33 10/26/2016 APPEARANCES: Christopher S. Pieske, Appellant waived under N.D.R.App.P. 34(f)
34 10/26/2016 ARGUED: Christopher S. Pieske, Appellant waived under N.D.R.App.P. 34(f)
35 10/26/2016 ORAL ARGUMENT WEBCAST
36 02/09/2017 ANNOUNCED DISQUALIFICATION : Tufte, Jerod E.
37 02/09/2017 SITTING WITH THE COURT : Sandstrom, Dale V.
38 03/30/2017 DISPOSITION
39 03/30/2017 SPLIT OPINION : VandeWalle, Gerald W. View
40 03/30/2017 CONCUR IN THE RESULT : Crothers, Daniel John
41 03/30/2017 CONCURRING IN PART AND DISSENTING IN PART : Sandstrom, Dale V.
42 03/30/2017 CONCURRING IN PART AND DISSENTING IN PART : Kapsner, Carol Ronning
43 03/30/2017 COSTS ON APPEAL TAXED IN FAVOR OF APPELLANT
44 03/31/2017 Judgment Sent to Parties
45 04/21/2017 MANDATE
46 06/09/2017 Corrected/Substitute Opinion Page
47 11/01/2022 EXPUNGED - Nonpermanent record items destroyed