Search Tips

Wilber v. Scaff

Docket No. 20190196
Oral Argument: Monday, December 2, 2019 9:30 AM

Docket Info

Title
McKiley Wilber, Plaintiff and Appellant
v.
Sarah Scaff, Defendant and Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2016-DM-00068
South Central Judicial District, Burleigh County
James S. Hill

Parties' Statement of Issues

  • Appellant

    1. Whether the District Court’s findings of fact regarding residential responsibility are clearly erroneous because of a misapplication of the law or improper application of the best-interest factors a, b, d, h, and k, as the Court made findings inconsistent with the evidence and testimony presented and misapplied the law.
    2. Whether the District Court’s court approved parenting plan is clearly erroneous because of a misapplication of the law regarding transportation and exchange arrangements.
    3. Whether the District Court’s findings of fact regarding residential responsibility are clearly erroneous because, based on the entire record, it is clear a mistake has been made in awarding Sarah primary residential responsibility.

  • Appellee 1

    Whether the District Court’s determination that the Appellee, Sarah Scaff, should have primary residential responsibility for her child is clearly erroneous.


Summary

McKiley Wilber appeals from a district court judgment granting Sarah Scaff primary residential responsibility of their child in common.

Wilber filed for divorce against Scaff in January 2016. After a bench trial in March 2019, the district court granted Scaff primary residential responsibility of their child.

On appeal, Wilber argues the district court’s findings of fact regarding factors a, b, d, h, and k of the best interest factors under N.D.C.C. § 14-09-06.2(1) were clearly erroneous. Scaff argues the findings were not clearly erroneous.


Briefs

Filing Date Description
10/01/2019 APPELLANT BRIEF View
10/31/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Jennifer M. Gooss - 07971
APPELLEE PRIVATE PRACTICE Matthew John Arthurs - 06359

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

Seq. # Filing Date Description Attachment
1 06/21/2019 NOTICE OF APPEAL : 06/21/2019
2 06/27/2019 ORDER FOR TRANSCRIPT : 06/28/2019
3 06/27/2019 Rec'd $125.00 filing fee (receipt #27132)
4 06/27/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 06/27/2019 Notice served on Jennifer M. Gooss and Matthew J. Arthurs
6 07/23/2019 ELEC. RECORD ON APPEAL DATED JULY 22, 2019 (ENTRY NOS. 1-72 AND 74-194) (NOT REC'D #73)
7 08/15/2019 ELECTRONIC TRANSCRIPT DATED MARCH 5, 2019
8 08/15/2019 TRANSCRIPT DATED 3-5-19 REDACTION KEY
9 08/15/2019 C.O.S. for ELECTRONIC TRANSCRIPT AND REDACTION KEY DATED MARCH 5, 2019
10 09/20/2019 MOT. EXT/TIME APPELLANT BRIEF
11 09/20/2019 ACTION BY CLERK - Granted : 10/01/2019
12 10/01/2019 APPELLANT BRIEF View
13 10/01/2019 Oral Argument Request by Appellant
14 10/01/2019 APPELLANT APPENDIX
15 10/07/2019 Rec'd 6 copies pf ATB and ATA back from Central Duplicating
16 10/14/2019 Rec'd $12.50 for 25 additional pages in ATA (receipt #27396)
17 10/31/2019 APPELLEE BRIEF View
18 11/07/2019 Rec'd non-substantive corrections to AEB
19 11/08/2019 Rec'd 6 copies of AEB back from Central Duplicating
20 11/18/2019 NOTICE OF ORAL ARGUMENT SENT
21 12/02/2019 APPEARANCES: Jennifer M. Gooss; Matthew J. Arthurs
22 12/02/2019 ARGUED: Jennifer M. Gooss; Matthew J. Arthurs
23 12/02/2019 ORAL ARGUMENT WEBCAST