Rustad v. Baumgartner
Docket Info
- Title
- Trevor Rustad, Plaintiff, Appellant, and Cross-Appellee
v.
Mary Baumgartner, Defendant, Appellee, and Cross-Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2017-DM-00103
Southwest Judicial District, Stark County
William A. Herauf
Highlight
The “law of the case” doctrine is the principle that if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.
A parent moving to modify parenting time must show that a material change in circumstances has occurred since entry of the prior parenting time order and that modification is in the child’s best interests.
A district court’s decision on parenting time is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 09/09/2019 | NOTICE OF APPEAL : 09/09/2019 | |
| 2 | 09/12/2019 | Rec'd $125.00 filing fee (receipt #27364) | |
| 3 | 09/16/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 09/16/2019 | Notice served on Joshua Nyberg, Jennifer M. Gooss and Steven G. Podoll | |
| 5 | 10/08/2019 | ORDER OF REMAND | |
| 6 | 10/08/2019 | Briefing stayed during remand | |
| 7 | 11/22/2019 | Remand complete --- Order entered in the district court | |
| 8 | 11/22/2019 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte - reset briefing schedule after remand) | |
| 9 | 11/22/2019 | ACTION BY CLERK - Granted : 01/02/2020 | |
| 10 | 11/27/2019 | NOTICE OF CROSS APPEAL | |
| 11 | 11/27/2019 | Order for Transcript | |
| 12 | 11/27/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 13 | 11/27/2019 | Notice served on Joshua Nyberg, Jennifer M. Gooss, and Steven G. Podoll | |
| 14 | 11/29/2019 | ELEC. RECORD ON APPEAL DATED NOVEMBER 27, 2019 (ENTRY NOS. #1 - #199) | |
| 15 | 12/23/2019 | ELECTRONIC TRANSCRIPT DATED NOVEMBER 7, 2019 | |
| 16 | 12/23/2019 | C.O.S. FOR TRANSCRIPT | |
| 17 | 12/27/2019 | Rec'd Proof of Service of Transcript on Steven Podoll | |
| 18 | 01/02/2020 | APPELLANT BRIEF | View |
| 19 | 01/02/2020 | APPELLANT APPENDIX | |
| 20 | 01/13/2020 | Rec'd $62.50 surcharge for ATA (Receipt No 27490) | |
| 21 | 01/09/2020 | Rec'd non-substantive corrections to ATB/ATA. | |
| 22 | 01/14/2020 | Rec'd 6 copies of ATB/ATA from Central Duplicating | |
| 23 | 02/04/2020 | MOT. EXT/TIME REPLY BRIEF | |
| 24 | 02/04/2020 | ACTION BY CLERK - Granted : 03/02/2020 | |
| 25 | 02/03/2020 | APPELLEE BRIEF | View |
| 26 | 02/03/2020 | APPELLEE APPENDIX | |
| 27 | 02/03/2020 | Oral Argument Request by Appellee | |
| 28 | 02/07/2020 | Rec'd letter from Steven G. Podoll, Child Support Unit will not be filing a brief or appearing | |
| 29 | 02/11/2020 | Rec'd 6 copies of AEB from CSD | |
| 30 | 02/19/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 31 | 02/27/2020 | Rec'd corrected page 6 of ATB and service doc. | |
| 32 | 03/02/2020 | REPLY BRIEF | View |
| 33 | 03/04/2020 | Rec'd 6 copies of RYB from CSD | |
| 34 | 03/16/2020 | REPLY BRIEF (APPELLEE/CROSS-APPELLANT) | View |
| 35 | 03/17/2020 | Rec'd 6 copies of RYB from Central Duplicating | |
| 36 | 03/25/2020 | APPEARANCES: Joshua Nyberg; Jennifer M. Gooss | |
| 37 | 03/25/2020 | ARGUED: Joshua Nyberg; Jennifer M. Gooss | |
| 38 | 03/25/2020 | ORAL ARGUMENT WEBCAST | |
| 39 | 06/02/2020 | DISPOSITION | |
| 40 | 06/02/2020 | SPLIT OPINION : VandeWalle, Gerald W. | View |
| 41 | 06/02/2020 | CONCURRING SPECIALLY : McEvers, Lisa K. Fair | |
| 42 | 06/02/2020 | Neither party have and recover costs and disbursements in this appeal by order of the Court | |
| 43 | 06/03/2020 | Judgment Sent to Parties | |
| 44 | 06/25/2020 | MANDATE |