Lessard v. Johnson
- Julie Lessard, Plaintiff and Appellee
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
Parties' Statement of Issues
1. The trial court abused its discretion in denying Johnson's Motion for a new trial after denying Johnson's motion for continuance.
2. Whether the trial court erred by failing to consider relevant best interest factors and in evaluating certain best interest factors.
3. The court erred and/or abused it's discretion in distributing the marital estate and allocating spousal support.
4. The court erred and/or abused it's discretion in distributing by denying attorney fees to Defendant/Appellant.
5. The trial court erred as a matter of law and abused its discretion in denying Johnson's Motion for Contempt without a hearing.
Kevin Johnson appeals from a judgment granting Julie Lessard a divorce from him and orders denying a motion for a new trial and a motion for contempt.
Johnson and Lessard were married in 2006 and have three minor children together. In 2018, Lessard sued for divorce. After a trial, the district court divided the parties’ marital estate and awarded Lessard primary residential responsibility for the parties’ children. Judgment was entered. Johnson moved to modify primary residential responsibility, for a new trial, and for contempt. The court denied the motions.
On appeal, Johnson argues the district court abused its discretion by denying his motion for a new trial, the court did not properly apply the best interest factors in deciding primary residential responsibility for the children, the court erred in dividing the parties’ marital estate and by failing to award him spousal support, the court abused its discretion by denying his request for attorney’s fees, and the court erred by denying his motion for contempt without a hearing.
(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|
|22||07/10/2019||MOTION FOR DISMISSAL - RspDue : 07/24/2019|
|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|
|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)|