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Brew v. Brew

Docket No. 20170073
Oral Argument: Tuesday, September 5, 2017 9:30 AM

Docket Info

Title
Shawn D. Brew, Plaintiff and Appellant
v.
Jennifer E. Brew, Defendant and Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2015-DM-00241
Southwest Judicial District, Stark County
Dann Edward Greenwood
2017 ND 242903 N.W.2d 72
Oral Argument 9/5/2017

Highlight

The district court is required to equitably distribute marital property in a divorce proceeding, and a property division does not need to be equal to be equitable.
Under the child support guidelines, a district court averages a self-employed obligor's income over the most recent five years to determine income from self-employment.
The district court has discretion to award attorney's fees when one party's actions have unreasonably increased the time spent on a case.


Briefs

Filing Date Description
06/11/2017 CORRECTED APPELLANT BRIEF (pdf) View
07/08/2017 APPELLEE BRIEF and Addendum View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Dennis William Lindquist - 04918
APPELLEE PRIVATE PRACTICE Patricia E Garrity - 04776

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

Seq. # Filing Date Description Attachment
1 02/21/2017 NOTICE OF APPEAL : 02/21/2017
2 02/21/2017 ORDER FOR TRANSCRIPT : 02/24/2017
3 02/23/2017 Received $125 filing fee
4 02/24/2017 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 02/24/2017 Notice served on Dennis Lindquist and Patricia Garrity
6 03/23/2017 ELEC. ROA DATED MARCH 22, 2017 (ENTRY NOS.1-170 & 172-256)NOT SENT #171 (NOT SCANNED/NOT OFFERED)
7 04/25/2017 ELECTRONIC TRANSCRIPT DATED AUGUST 19, 2016 & C.O.S.
8 05/30/2017 APPELLANT BRIEF (withdrawn; replaced with ATB filed 6-11-17)
9 05/30/2017 APPELLANT APPENDIX
10 05/30/2017 E-FILED APPENDIX
11 06/01/2017 Received $25 ATB e-filing surcharge (Receipt #25285)
12 06/11/2017 Received non-substantive correction to ATA (page numbering)
13 06/11/2017 CORRECTED APPELLANT BRIEF (pdf) View
14 06/11/2017 E-FILED BRIEF (pdf)
15 06/15/2017 MOTION TO FILE CORRECTED BRIEF
16 06/15/2017 E-FILED MOTION
17 06/15/2017 ACTION BY CHIEF DEPUTY CLERK - Granted
18 06/16/2017 Received $6.00 ATA overage fee (Receipt #25310)
19 06/19/2017 RECEIVED 7 COPIES OF ATB FROM CD
20 06/19/2017 RECEIVED 6 COPIES OF ATA FROM CD
21 07/08/2017 APPELLEE BRIEF and Addendum View
22 07/08/2017 E-FILED BRIEF
23 07/08/2017 APPELLEE APPENDIX
24 07/08/2017 E-FILED APPENDIX
25 07/08/2017 Received $25 surcharge for AEB
26 07/08/2017 MOTION TO STRIKE BY APPELLEE - RspDue : 07/25/2017
27 07/08/2017 E-FILED MOTION
28 07/11/2017 Motion To Strike To Be Heard With the Merits
29 07/13/2017 Received 6 copies of AEB and AEA from CSD
30 07/24/2017 Response Filed to Motion to Strike
31 07/24/2017 EFILED RESPONSE
32 08/10/2017 NOTICE OF ORAL ARGUMENT SENT
33 09/05/2017 APPEARANCES: Dennis W. Lindquist; Patricia E. Garrity
34 09/05/2017 ARGUED: Dennis W. Lindquist; Patricia E. Garrity
35 09/05/2017 ORAL ARGUMENT WEBCAST
36 10/17/2017 DISPOSITION
37 10/17/2017 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
38 10/17/2017 Cost on appeal taxed in favor of appellee
39 10/17/2017 ACTION BY SUPREME COURT (Motion to be Heard with the Merits) - Granted
40 10/18/2017 Judgment Sent to Parties
41 11/08/2017 MANDATE