Upton v. Nolan
Docket No. 20180119
Oral Argument:
Tuesday, September 18, 2018 9:00 AM
Docket Info
- Title
- Heather L. Upton, Plaintiff and Appellee
v.
James W. Nolan, Defendant and Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2017-DM-00319
North Central Judicial District, Ward County
Richard L. Hagar
2018 ND 243919 N.W.2d 181
Oral Argument
9/18/2018
Highlight
Although a district court has continuing jurisdiction to modify parenting time, due process requires a parent receive adequate notice and a fair opportunity to be heard.
Due process notice requirements are satisfied when an unpled issue is tried by the implied consent of the parties.
Consent to try an issue outside the pleadings cannot be implied from evidence which is relevant to the pleadings but which also bears on an unpleaded issue.
A district court has broad discretion in making contempt decisions and in awarding attorney fees as reimbursement for costs and expenses incurred as a result of the contempt.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 03/26/2018 | NOTICE OF APPEAL : 03/26/2018 | |
2 | 03/26/2018 | ORDER FOR TRANSCRIPT : 03/29/2018 | |
3 | 03/28/2018 | Rec'd $125 filing fee | |
4 | 03/28/2018 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 03/28/2018 | Notice served on Christene A. Reierson and Kyle R. Craig | |
6 | 04/06/2018 | ELECTRONIC TRANSCRIPTS DATED AUGUST 21, 2017, OCTOBER 23, 2017, REDACTION KEY & C.O.S. | |
7 | 05/16/2018 | ELEC. RECORD ON APPEAL DATED APRIL 26, 2018 (ENTRY NOS. 1-74) | |
8 | 05/16/2018 | APPELLANT BRIEF (PDF) | View |
9 | 05/16/2018 | E-FILED BRIEF (PDF) | |
10 | 05/16/2018 | APPELLANT APPENDIX | |
11 | 05/16/2018 | E-FILED APPENDIX | |
12 | 05/18/2018 | Rec'd $25 surcharge for ATB(receipt #26166) | |
13 | 05/21/2018 | Rec'd non-substantive corrections to ATA (toc & noa) | |
14 | 05/23/2018 | Rec'd 6 copies of ATB and 6 copies of ATA from Central Duplicating | |
15 | 06/13/2018 | APPELLEE BRIEF | View |
16 | 06/13/2018 | E-FILED BRIEF (PDF) | |
17 | 06/15/2018 | Rec'd copies of AEB from Central Duplicating | |
18 | 06/18/2018 | Received $25 e-fiilng surcharge for AEB (Receipt #26245) | |
19 | 07/17/2018 | MOTION FOR Stay | |
20 | 07/17/2018 | E-FILED MOTION | |
21 | 07/25/2018 | ACTION BY SUPREME COURT - Denied | |
22 | 08/02/2018 | NOTICE OF ORAL ARGUMENT SENT | |
23 | 09/18/2018 | APPEARANCES: Christene Reierson/George Ackre | |
24 | 09/18/2018 | ARGUED: C. Reierson/G. Ackre | |
25 | 09/18/2018 | ORAL ARGUMENT WEBCAST | |
26 | 11/06/2018 | DISPOSITION | |
27 | 11/06/2018 | UNANIMOUS OPINION : Crothers, Daniel John | View |
28 | 11/06/2018 | CONCUR IN THE RESULT : McEvers, Lisa K. Fair | |
29 | 11/06/2018 | NEITHER PARTY HAVE AND RECOVER COSTS AND DISBURSEMENTS BY ORDER OF THE COURT | |
30 | 11/28/2018 | MANDATE |