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
2019 ND 225932 N.W.2d 510
Oral Argument
6/24/2019
Highlight
On a motion to modify primary residential responsibility, a district court must accept the truth of the moving party’s allegations unless an opposing affidavit conclusively establishes the movant’s allegations have no credibility.
Under N.D.R.App.P. 30(a)(1), only items in the record may be included in the appendix.
(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 | RESPONSE TO APPELLEE'S MOTION TO VACATE ORDER OF REMAND | |
| 31 | 05/24/2019 | Order Sent to Parties | |
| 32 | 05/28/2019 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED MAY 24, 2019 (ENTRY NOS. 195 - 213) | |
| 33 | 06/24/2019 | APPEARANCES: Theresa L. Kellington; Michael A. Mulloy; Joshua Weatherspoon | |
| 34 | 06/24/2019 | ARGUED: Theresa L. Kellington; Joshua Weatherspoon | |
| 35 | 06/24/2019 | ORAL ARGUMENT WEBCAST | |
| 36 | 08/22/2019 | DISPOSITION | |
| 37 | 08/22/2019 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
| 38 | 08/22/2019 | Costs on appeal taxed in favor of Appellant | |
| 39 | 08/22/2019 | By Order of the Court, Ashley Baker recover from Eric Baker & Theresa Kellington Atty. Fees $963.75 | |
| 40 | 08/22/2019 | ACTION BY SUPREME COURT (Motion to Strike) - Granted | |
| 41 | 08/26/2019 | Judgment Sent to Parties | |
| 42 | 09/13/2019 | MANDATE |