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Grasser v. Grasser

Docket No. 20170188
Oral Argument: Tuesday, February 13, 2018 2:45 PM

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
2018 ND 85909 N.W.2d 99
Oral Argument 2/13/2018

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.


Briefs

Filing Date Description
12/04/2017 APPELLANT BRIEF (PDF) View
01/18/2018 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Lynn M Boughey - 04046
APPELLEE PRIVATE PRACTICE Harry Malcolm Pippin - 04682

(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