Lessard v. Johnson
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
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.
(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 |