Grasser v. Grasser
Docket Info
- Title
- Stephanie Grasser, Plaintiff and Appellee
v.
Gene Grasser, Defendant and Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2014-DM-00262
Northwest Judicial District, Williams County
Joshua B. Rustad
Highlight
A motion for recusal and a demand for a change of judge are two separate motions. Unlike a demand under N.D.C.C. 29-15-21, a district court judge is not immediately divested of authority upon the filing of a motion to recuse. While a judge has a duty to recuse when required by the Code of Judicial Conduct, a judge also has an equally strong duty not to recuse when the facts do not require recusal.
An order finding a person guilty of contempt is a final order for purposes of appeal under N.D.C.C. 27-10-01.3(3). A district court's decision to impose sanctions under N.D.R.Civ.P. 11 rests within the sound discretion of the court and it will not be overturned on appeal unless the court has abused its discretion.
A district court's decisions on child custody, including an initial award of custody, are treated as findings of fact and will not be set aside on appeal unless clearly erroneous. This Court will not reweigh the evidence or reassess the credibility of witnesses, and we will not retry a custody case or substitute our judgment for a district court's initial custody decision merely because we might have reached a different result.
It is well-established that a property distribution does not need to be equal to be equitable, but a substantial disparity must be explained so as to provide some indication of the rationale of the district court in distributing the property.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 05/18/2017 | NOTICE OF APPEAL : 05/18/2017 | |
| 2 | 05/19/2017 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 3 | 05/19/2017 | Notice served on Lynn M. Boughey and H. Malcolm Pippin | |
| 4 | 05/23/2017 | ORDER FOR TRANSCRIPT : 06/01/2017 | |
| 5 | 06/02/2017 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
| 6 | 06/22/2017 | ELEC. RECORD ON APPEAL DATED JUNE 21, 2017 (ENTRY NOS. 1-270, 272-275, 277-301)(NOT SENT: 271, 276) | |
| 7 | 07/21/2017 | MOT. EXT/TIME TRANSCRIPT | |
| 8 | 07/21/2017 | ACTION BY TRIAL COURT - Granted : 08/30/2017 | |
| 9 | 07/24/2017 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JULY 21, 2017 (ENTRY NOS. 302-304) | |
| 10 | 08/28/2017 | MOT. EXT/TIME TRANSCRIPT | |
| 11 | 08/28/2017 | E-FILED MOTION | |
| 12 | 08/28/2017 | ACTION BY CLERK - Granted : 09/13/2017 | |
| 13 | 08/24/2017 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 23, 2017 (ENTRY NOS. 305-306) | |
| 14 | 08/28/2017 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 25, 2017 (ENTRY NOS. 307-321) | |
| 15 | 08/31/2017 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 30, 2017 (ENTRY NOS. 322-323) | |
| 16 | 09/13/2017 | MOT. EXT/TIME TRANSCRIPT | |
| 17 | 09/13/2017 | E-FILED MOTION | |
| 18 | 09/13/2017 | ACTION BY CHIEF JUSTICE - Granted : 09/18/2017 | |
| 19 | 09/18/2017 | ELECTRONIC TRANSCRIPTS DATED OCTOBER 8, 2014, OCTOBER 10, 2014, | |
| 20 | 09/18/2017 | JUNE 29, 2015, SEPTEMBER 21-23, 2016 VOL I, SEPTEMBER 21-23, 2016 | |
| 21 | 09/18/2017 | VOL II WITH REDACTION KEY & C.O.S. | |
| 22 | 09/22/2017 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 21, 2017 (ENTRY NOS. 324-328) | |
| 23 | 10/30/2017 | MOT. EXT/TIME APPELLANT BRIEF | |
| 24 | 10/30/2017 | E-FILED MOTION | |
| 25 | 10/30/2017 | ACTION BY CLERK - Granted : 11/20/2017 | |
| 26 | 11/16/2017 | MOT. EXT/TIME APPELLANT BRIEF | |
| 27 | 11/16/2017 | E-FILED MOTION | |
| 28 | 11/16/2017 | ACTION BY CLERK - Granted : 11/27/2017 | |
| 29 | 11/22/2017 | 6TH ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 21, 2017 (ENTRY NOS. 329-331) | |
| 30 | 11/27/2017 | Rec'd non-compliant ATB (inappropriate SOF); given until 12-4-17 to revise | |
| 31 | 11/27/2017 | APPELLANT APPENDIX | |
| 32 | 11/27/2017 | E-FILED APPENDIX | |
| 33 | 11/30/2017 | Rec'd e-filing surcharge for ATB & ATA (receipt #25631) | |
| 34 | 12/04/2017 | APPELLANT BRIEF (PDF) | View |
| 35 | 12/04/2017 | E-FILED BRIEF (PDF) | |
| 36 | 12/08/2017 | Rec'd 6 copies of ATB & ATA from CSD | |
| 37 | 12/15/2017 | MOT. EXT/TIME APPELLEE BRIEF | |
| 38 | 12/15/2017 | E-FILED MOTION | |
| 39 | 12/15/2017 | ACTION BY CLERK - Granted : 01/18/2018 | |
| 40 | 01/18/2018 | APPELLEE BRIEF | View |
| 41 | 01/18/2018 | E-FILED BRIEF | |
| 42 | 01/18/2018 | APPELLEE APPENDIX | |
| 43 | 01/18/2018 | E-FILED APPENDIX | |
| 44 | 01/19/2018 | Received non-substantive changes to Appellee's Appendix (page numbering) | |
| 45 | 01/22/2018 | Received 6 copies of AEB and 6 copies of AEA | |
| 46 | 01/23/2018 | Received $25 surcharge for AEB (receipt #25877) | |
| 47 | 01/23/2018 | NOTICE OF ORAL ARGUMENT SENT | |
| 48 | 01/24/2018 | SITTING WITH THE COURT : Lee, Gary H. | |
| 49 | 02/13/2018 | APPEARANCES: Lynn M. Boughey; H. Malcolm Pippin | |
| 50 | 02/13/2018 | ARGUED: Lynn M. Boughey; H. Malcolm Pippin | |
| 51 | 02/13/2018 | ORAL ARGUMENT WEBCAST | |
| 52 | 03/29/2018 | DISPOSITION | |
| 53 | 03/29/2018 | UNANIMOUS OPINION : McEvers, Lisa K. Fair | View |
| 54 | 03/29/2018 | Costs taxed in favor of Appellee | |
| 55 | 04/02/2018 | Judgment Sent to Parties | |
| 56 | 04/20/2018 | MANDATE | |
| 57 | 04/17/2023 | EXPUNGED - Nonpermanent record items destroyed |