Jacobs-Raak v. Raak, et al.
Docket No. 20190123
Oral Argument:
Thursday, December 5, 2019 9:30 AM
Docket Info
- Title
- Danel Jacobs-Raak, n/k/a Danel Jacobs, Plaintiff and Appellee
v.
Daniel Raak, Defendant and Appellant
and
State of North Dakota, Statutory Real Party in Interest
and Appellee - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2013-DM-00716
South Central Judicial District, Burleigh County
Bruce A. Romanick
2020 ND 107942 N.W.2d 879
Oral Argument
12/5/2019
Highlight
Only judgments and decrees constituting a final judgment and specific orders enumerated by statute are appealable.
A two-step analysis is used to evaluate the finality of orders for review: the order or judgment must be appealable under N.D.C.C. § 28-27-02, and the requirements of N.D.R.Civ.P. 54(b), if applicable, must be met.
The district court has broad discretion in making contempt decisions, which will only be disturbed on appeal if the court abused its discretion.
The district court errs as a matter of law if it fails to comply with the child support guidelines in determining an obligor’s child support obligation.
An agreement purporting to relieve an obligor of any current or future duty of child support is void.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 04/14/2019 | NOTICE OF APPEAL : 04/14/2019 | |
| 2 | 04/15/2019 | ORDER FOR TRANSCRIPT : 04/18/2019 | |
| 3 | 04/18/2019 | Received $125 filing fee | |
| 4 | 04/18/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 04/18/2019 | Notice served on Arnold V. Fleck, Rodney E. Pagel, & Heather M. Krumm | |
| 6 | 04/19/2019 | MOTION FOR REMAND BY APPELLANT | |
| 7 | 04/22/2019 | ACTION BY ACTING CHIEF JUSTICE JENSEN - Granted | |
| 8 | 04/22/2019 | ORDER OF REMAND | |
| 9 | 04/22/2019 | Briefing Schedule Stayed | |
| 10 | 04/22/2019 | Order Sent to Parties | |
| 11 | 05/15/2019 | ELEC. RECORD ON APPEAL DATED MAY 14, 2019 (RE-FILED AFTER REMAND) (ENTRY NOS. 1 - 316) | |
| 12 | 05/17/2019 | Amended Notice of Appeal | |
| 13 | 05/17/2019 | Corrected Amended Notice of Appeal | |
| 14 | 05/17/2019 | NOT. OF FILING AMENDED AND CORRECTED AMENDED NOT. OF APPEAL AND PROOF OF SERV. | |
| 15 | 05/17/2019 | Notice served on Arnold V. Fleck, Rodney E. Pagel, & Heather M. Krumm | |
| 16 | 06/12/2019 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED JUNE 11, 2019 (ENTRY NOS. 316-345) | |
| 17 | 06/12/2019 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JUNE 11, 2019 (ENTRY NOS. 346-359) | |
| 18 | 06/12/2019 | ELECTRONIC TRANSCRIPT DATED JANUARY 25, 2019 | |
| 19 | 06/12/2019 | REDACTION KEY FOR 1/25/19 TRANSCRIPT | |
| 20 | 06/12/2019 | C.O.S. FOR TRANSCRIPT | |
| 21 | 06/17/2019 | Rec'd non-substantive correction to transcript (redaction) | |
| 22 | 06/26/2019 | ORDER OF REMAND | |
| 23 | 06/27/2019 | Briefing schedule stayed | |
| 24 | 07/03/2019 | ELEC. RECORD ON APPEAL DATED MAY 14, 2019 (RE-FILED AFTER REMAND) (ENTRY NOS. 1-393) | |
| 25 | 07/10/2019 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand) | |
| 26 | 07/10/2019 | ACTION BY CLERK (sua sponte due to remand) - Granted : 08/09/2019 | |
| 27 | 08/08/2019 | MOT. EXT/TIME APPELLANT BRIEF | |
| 28 | 08/08/2019 | ACTION BY CHIEF DEPUTY CLERK - Granted : 09/09/2019 | |
| 29 | 09/09/2019 | MOT. EXT/TIME APPELLANT BRIEF | |
| 30 | 09/10/2019 | ACTION BY CHIEF JUSTICE - Granted : 09/16/2019 | |
| 31 | 09/16/2019 | MOT. EXT/TIME APPELLANT BRIEF | |
| 32 | 09/17/2019 | ACTION BY CHIEF JUSTICE - Granted : 09/19/2019 | |
| 33 | 09/19/2019 | APPELLANT BRIEF | View |
| 34 | 09/19/2019 | Oral Argument Request by Appellant | |
| 35 | 09/19/2019 | APPELLANT APPENDIX | |
| 36 | 09/25/2019 | Rec'd non-substantive corrections to ATB (service doc, page#) | |
| 37 | 10/02/2019 | Rec'd 6 copies of ATB/ATA from Central Duplicating | |
| 38 | 10/09/2019 | APPELLEE BRIEF | View |
| 39 | 10/15/2019 | Rec'd 6 copies of AEB from Central Duplicating? | |
| 40 | 10/18/2019 | APPELLEE BRIEF-(ND Child Support) | View |
| 41 | 10/18/2019 | Oral Argument Request by Appellee (ND Child Support) | |
| 42 | 10/21/2019 | Rec'd 6 copies of AEB from Central Duplicating | |
| 43 | 11/01/2019 | MOT. EXT/TIME REPLY BRIEF | |
| 44 | 11/01/2019 | ACTION BY CLERK - Granted : 11/08/2019 | |
| 45 | 11/08/2019 | MOT. EXT/TIME REPLY BRIEF | |
| 46 | 11/08/2019 | ACTION BY CHIEF JUSTICE - Granted : 11/12/2019 | |
| 47 | 11/12/2019 | Noncompliant reply brief received (page limit) | |
| 48 | 11/14/2019 | REPLY BRIEF | View |
| 49 | 11/18/2019 | Rec'd 6 copies of RYB from Central Duplicating | |
| 50 | 11/18/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 51 | 12/05/2019 | APPEARANCES: Arnold V. Fleck; Rodney E. Pagel; Sheila K. Keller | |
| 52 | 12/05/2019 | ARGUED: Arnold V. Fleck; Rodney E. Pagel; Sheila K. Keller | |
| 53 | 12/05/2019 | ORAL ARGUMENT WEBCAST | |
| 54 | 05/07/2020 | DISPOSITION (REVERSED IN PART AND REMANDED) | |
| 55 | 05/07/2020 | UNANIMOUS OPINION : Crothers, Daniel John | View |
| 56 | 05/07/2020 | By order of the Court no costs are ordered | |
| 57 | 05/11/2020 | Judgment Sent to Parties | |
| 58 | 05/21/2020 | PETITION FOR REHEARING | View |
| 59 | 05/27/2020 | Rec'd 5 copies of PER from CSD | |
| 60 | 06/29/2020 | ACTION BY SUPREME COURT - Denied | |
| 61 | 07/07/2020 | MANDATE |