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Rhodenbaugh v. Rhodenbaugh

Docket No. 20180040
Oral Argument: Tuesday, November 27, 2018 11:00 AM

Docket Info

Title
Jay Douglas Rhodenbaugh, Plaintiff and Appellee
v.
Ashley Lee Rhodenbaugh, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2016-DM-00082
Southeast Judicial District, Richland County
Bradley Allen Cruff
2019 ND 109925 N.W.2d 742
Oral Argument 11/27/2018

Highlight

Interlocutory orders in an action are merged into the final judgment and may be reviewed on appeal of the judgment.

Review on appeal is limited to issues litigated below and the arguments presented on appeal.

An order holding a person in contempt is a final order for purposes of appeal. The time limit for filing a notice of appeal is jurisdictional, and we dismiss an appeal if we conclude we do not have jurisdiction.

A district court has broad discretion over the presentation of evidence and the conduct of trial, but it must exercise its discretion in a manner that best comports with substantial justice.

District courts have broad discretion to allow or refuse a party to reopen the record to introduce additional evidence.

Briefs

Filing Date Description
06/19/2018 APPELLANT BRIEF View
08/20/2018 APPELLEE BRIEF View
09/06/2018 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Kristin Angela Overboe - 06751
APPELLEE PRIVATE PRACTICE Jerilynn Brantner Adams - 05102

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

Seq. # Filing Date Description Attachment
1 01/29/2018 NOTICE OF APPEAL : 01/29/2018
2 01/29/2018 ORDER FOR TRANSCRIPT : 01/29/2018
3 02/01/2018 Received filing fee
4 02/01/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 02/01/2018 Notice served on Kristin A. Overboe & Jerilynn B. Adams
6 02/20/2018 ELEC. RECORD ON APPEAL DATED FEBRUARY 16, 2018 (ENTRY NOS.1-217)
7 02/22/2018 Received notice from Cindy Keller, CR transcript preparation suspended (non-payment)
8 03/06/2018 Resuption of preparation of transcript dated 3-6-18 by Cindy L. Keller, CR
9 03/07/2018 1ST ELEC. SUPP. RECORD ON APPEAL DATED MARCH 6, 2018 (ENTRY NOS.218-220)
10 03/14/2018 AMENDED ELEC. RECORD ON APPEAL DATED MARCH 13, 2018 (ENTRY NOS.1-221)
11 03/15/2018 RECEIVED DOCKET ENTRY NO. 190 VIA U.S. MAIL (CD & FLASH DRIVE)
12 03/19/2018 2ND AMENDED ELEC. RECORD ON APPEAL DATED MARCH 16, 2018 (ENTRY NOS.1-189 & 191-222)
13 03/19/2018 (DOCKET ENTRY NO. 190 SENT VIA U.S. MAIL - CD & FLASH DRIVE)
14 03/29/2018 MOT. EXT/TIME TRANSCRIPT
15 03/29/2018 ACTION BY TRIAL COURT - Granted : 04/30/2018
16 05/02/2018 ELECTRONIC TRANSCRIPTS DATED JULY 18, 2017 (VOL. 1), JULY 18, 2017 (VOL. 2), REDACTION KEY & C.O.S.
17 05/10/2018 ELEC. 2nd SUPP. RECORD ON APPEAL DATED (ENTRY NOS. 223 - 225)
18 06/11/2018 Rec'd non-compliant ATB; given until 6-19-18 to revise (word count)
19 06/11/2018 APPELLANT APPENDIX
20 06/11/2018 E-FILED APPENDIX
21 06/19/2018 APPELLANT BRIEF View
22 06/19/2018 E-FILED BRIEF (PDF)
23 06/19/2018 Rec'd non-substantive correction to ATA (title page)
24 06/22/2018 Rec'd 6 copies of ATB & ATA from CSD
25 06/25/2018 Rec'd $140 e-filing surcharge for ATB & ATA (receipt #26269)
26 07/03/2018 MOT. EXT/TIME APPELLEE BRIEF
27 07/03/2018 E-FILED MOTION
28 07/05/2018 ACTION BY CLERK - Granted : 08/20/2018
29 08/20/2018 APPELLEE BRIEF View
30 08/20/2018 E-FILED BRIEF
31 08/24/2018 Received 6 copies of AEB from CSD
32 08/24/2018 Received $25 e-filing surcharge for AEB (receipt# 26388)
33 09/06/2018 REPLY BRIEF View
34 09/06/2018 E-FILED BRIEF (PDF)
35 09/11/2018 Rec'd 6 copies of RYB back from Central Duplicating
36 10/19/2018 NOTICE OF ORAL ARGUMENT SENT
37 11/27/2018 APPEARANCES: Kristin A. Overboe; Jerilynn B. Adams
38 11/27/2018 ARGUED: Kristin A. Overboe; Jerilynn B. Adams
39 11/27/2018 ORAL ARGUMENT WEBCAST
40 04/01/2019 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
41 04/11/2019 DISPOSITION
42 04/11/2019 UNANIMOUS OPINION : Tufte, Jerod E. View
43 04/11/2019 COSTS ON APPEAL TAXED IN FAVOR OF APPELLEE
44 04/15/2019 Judgment Sent to Parties
45 05/23/2019 MANDATE
46 05/31/2019 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE