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Lessard v. Johnson

Docket No. 20190077
Oral Argument: Waived

Docket Info

Title
Julie Lessard, Plaintiff and Appellee
v.
Kevin Johnson, Defendant and Appellant
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2018-DM-00159
East Central Judicial District, Cass County
Frank L. Racek
2019 ND 301936 N.W.2d 528

Highlight

A district court has discretion in deciding whether to grant a new trial under N.D.R.Civ.P. 59.
When a party moves for a new trial under N.D.R.Civ.P. 59, the party is limited on appeal to review of those issues raised in the motion for a new trial.
A district court’s decision awarding primary residential responsibility for children will not be reversed on appeal unless it is clearly erroneous, and the appellate court will not reweigh the evidence or retry the case.
The district court must equitably distribute the parties’ assets and debts in a divorce action.
A party is entitled to a hearing on a motion for contempt under N.D.C.C. § 27-10-01.3, but the party is required to comply with the procedural requirements of N.D.R.Ct. 3.2 to request a hearing.

Briefs

Filing Date Description
07/02/2019 APPELLANT BRIEF View
07/17/2019 APPELLEE BRIEF View
07/31/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Kristin Angela Overboe - 06751
APPELLEE PRIVATE PRACTICE Michael Lee Gjesdahl - 04658

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

Seq. # Filing Date Description Attachment
1 03/07/2019 NOTICE OF APPEAL : 03/07/2019
2 03/07/2019 ORDER FOR TRANSCRIPT : 03/19/2019
3 03/18/2019 Received $125 filing fee
4 03/19/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/19/2019 Notice served on Kristin A. Overboe and Michael L. Gjesdahl
6 03/20/2019 MOTION FOR REMAND BY APPELLANT
7 03/21/2019 Response Filed to Motion for Remand
8 03/21/2019 ORDER OF REMAND
9 04/01/2019 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
10 04/08/2019 ELEC. RECORD ON APPEAL DATED APRIL 5, 2019 (ENTRY NOS. 1-482)
11 04/09/2019 SECOND NOTICE OF APPEAL
12 04/09/2019 NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV.
13 04/09/2019 Notice served on Kristin A. Overboe and Michael L. Gjesdahl
14 05/15/2019 ELECTRONIC TRANSCRIPTS DATED DECEMBER 6, 2018
15 05/15/2019 ELECTRONIC TRANSCRIPTS DATED DECEMBER 7, 2018
16 05/15/2019 ELECTRONIC TRANSCRIPTS REDACTION KEY
17 05/20/2019 Rec'd amended c.o.s. of transcripts on parties (service addresses)
18 06/25/2019 MOT. EXT/TIME APPELLANT BRIEF
19 06/25/2019 ACTION BY CLERK - Granted : 07/02/2019
20 07/02/2019 APPELLANT BRIEF View
21 07/02/2019 APPELLANT APPENDIX
22 07/10/2019 MOTION FOR DISMISSAL - RspDue : 07/24/2019
23 07/17/2019 APPELLEE BRIEF View
24 07/17/2019 APPELLEE APPENDIX
25 07/23/2019 Rec'd non-substantive corrections to AEB and proof of service. (Table of Contents)
26 07/24/2019 Rec'd 6 copies of AEA from Central Duplicating
27 07/24/2019 Response Filed to Motion to Dismiss
28 07/25/2019 Rec'd $60.50 surcharge for overage on Appellee appendix (Receipt No 27311)
29 07/25/2019 Rec'd 6 copies of AEB from Central Duplicating
30 07/29/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
31 07/31/2019 REPLY BRIEF View
32 08/07/2019 Motion for Dismissal and Response To Be Considered With the Merits
33 08/12/2019 Rec'd $31.50 for Appellant Appendix over page count (receipt #27334)
34 08/12/2019 Rec'd non-substantive corrections to RYB (table of contents/error in link) and COS
35 08/15/2019 Rec'd 6 copies of RYB from Central Duplicating
36 09/05/2019 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
37 09/17/2019 SITTING WITH THE COURT : Lee, Gary H.
38 10/09/2019 APPEARANCES: None - waived under N.D.R.App.P. 34(a)(1)(c)
39 10/09/2019 ARGUED: Waived
40 12/17/2019 DISPOSITION
41 12/17/2019 UNANIMOUS OPINION : Crothers, Daniel John View
42 12/17/2019 Costs taxed in favor of Appellee
43 12/17/2019 ACTION BY SUPREME COURT (Motion for Dismissal) - Denied
44 12/18/2019 Judgment Sent to Parties
45 01/31/2020 MANDATE