Baker v. Baker

Docket No. 20190048
Oral Argument: Monday, June 24, 2019 9:00 AM

Docket Info

Title
Ashley A. Baker, Plaintiff and Appellee
v.
Eric L. Baker, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2016-DM-00810
South Central Judicial District, Burleigh County
Bruce A. Romanick

Parties' Statement of Issues

  • Appellant

    I. Whether the District Court erred in denying the Defendant’s Request for Evidentiary Hearing associated with his Motion to Modify Residential Responsibility?
    II. Whether the District Court erred in denying the Defendant’s Motion to Modify Primary Residential Responsibility?

  • Appellee 1

    Whether the District Court erred when it determined that Eric L. Baker (“Eric”) failed to establish a prima facie case warranting an evidentiary hearing on his Motion to Modify Judgment as it relates to residential responsibility of the parties’ minor children?


Summary

Eric Baker appeals after the denial of his motion to modify primary residential responsibility.

Ashley Baker and Eric Baker divorced in November 2016 and have two children. Ashley Baker was awarded primary residential responsibility of the children. The divorce judgment discussed parenting time during the summer and holidays, communication, and decision-making. In December 2018, Eric Baker moved for a modification of primary residential responsibility. He claimed Ashley Baker frustrated his parenting time, failed to make joint decisions with him, and abused the children. In response, Ashley Baker denied she violated the terms of the divorce judgment. The district court denied Eric Baker’s motion without a hearing. The court found Eric Baker failed to submit sufficient evidence warranting a modification of primary residential responsibility.

On appeal, Eric Baker argues the district court erred in denying his motion without an evidentiary hearing.


Briefs

Filing Date Description
04/04/2019 APPELLANT BRIEF View
05/16/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Joshua Lorenzo Weatherspoon - 08641
APPELLANT PRIVATE PRACTICE Theresa Luan Kellington - 05385
APPELLEE PRIVATE PRACTICE Micheal A. Mulloy - 07239

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

Seq. # Filing Date Description Attachment
1 02/12/2019 NOTICE OF APPEAL : 02/12/2019
2 02/14/2019 Rec'd $125 filing fee (receipt #26896)
3 02/14/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/14/2019 Notice served on Theresa L Kellington and Micheal A. Mulloy
5 03/21/2019 MOT. EXT/TIME APPELLANT BRIEF
6 03/21/2019 ACTION BY CLERK - Granted : 04/05/2019
7 03/12/2019 ELEC. RECORD ON APPEAL DATED MARCH 11, 2019 (ENTRY NOS. #1 THROUGH #192)
8 04/04/2019 APPELLANT BRIEF View
9 04/04/2019 APPELLANT APPENDIX
10 04/09/2019 Amended Elec. Rec. on Appeal dated 4/8/2019 (ENTRY NOS.1-120, 159-194)(121-158 stricken from rec.)
11 04/10/2019 Rec'd 6 copies of ATB back from Central Duplicating
12 04/12/2019 Rec'd $25.00 for ATB (Receipt #27006)
13 04/12/2019 Rec'd $340.00 for ATA (680 additional pages) (Receipt # 27006)
14 04/15/2019 MOTION to Strike Documents from Appellant's Appendix & Request for Attorney's Fees - RspDue : 04/29/2019
15 04/29/2019 Response Filed To Motion to Strike
16 04/30/2019 MOT. EXT/TIME APPELLEE BRIEF
17 04/30/2019 ACTION BY CLERK - Granted : 05/20/2019
18 05/01/2019 Motion to Strike and Response To Be Heard With the Merits
19 05/03/2019 Rec'd 6 copies of ATA back from Central Duplicating
20 05/13/2019 MOTION FOR REMAND
21 05/13/2019 ACTION BY CHIEF JUSTICE - Granted
22 05/13/2019 ORDER OF REMAND (appeal not stayed during remand)
23 05/14/2019 MOTION TO VACATE REMAND
24 05/16/2019 APPELLEE BRIEF View
25 05/21/2019 Rec'd 6 copies of AEB back from Central Duplicating
26 05/22/2019 Rec'd $25 e-filing surcharge for AEB ( receipt #27081)
27 05/22/2019 NOTICE OF ORAL ARGUMENT SENT
28 05/23/2019 ACTION BY SUPREME COURT (vacated remand) - Granted
29 05/24/2019 Request for attorney's fee in motion to vacate remand reserved for consideration w/ merits
30 05/24/2019 Order Sent to Parties
31 05/24/2019 RESPONSE TO APPELLEE'S MOTION TO VACATE ORDER OF REMAND
32 05/28/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED MAY 24, 2019 (ENTRY NOS. 195 - 213)