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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.

Briefs

Filing Date Description
05/16/2018 APPELLANT BRIEF (PDF) View
06/13/2018 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Christene Ann Reierson - 06176
APPELLEE PRIVATE PRACTICE Kyle Richard Craig - 07935
APPELLEE PRIVATE PRACTICE George M Ackre - 02743

(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