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O'Keeffe v. O'Keeffe

Docket No. 20190379
Oral Argument: Monday, June 29, 2020 2:45 PM

Docket Info

Title
Kari Cathryn O'Keeffe, Plaintiff, Appellee,
and Cross-Appellant
v.
Timothy Michael O'Keeffe, Defendant, Appellant,
and Cross-Appellee
Case Type
CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
Appeal From
Case No. 2015-DM-00837
East Central Judicial District, Cass County
Bradley Allen Cruff
Oral Argument 6/29/2020

Parties' Statement of Issues

  • Appellant

    Issue 1: Whether the district court erred by finding Tim’s spousal support obligation was rehabilitative rather than permanent, based on the evidence in the record and Kari’s burden as set forth in Markegard v. Willoughby, 2019 ND 170, 930 N.W.2d 108?
    Issue 2: Whether the district court erred by awarding attorney fees to Kari?

  • Appellee 1

    Issue 1: Whether the district court properly found Kari’s spousal support was rehabilitative rather than permanent in nature. Yes, the district court’s determination that the non-modifiable spousal support that the parties agreed upon in their Stipulation was rehabilitative was a product of a proper view of the applicable law, supported by the evidence and a mistake in result has not been made.
    Issue 2: Whether the district court properly awarded conduct based attorney’s fees to Kari. Yes, the district court properly required Tim to reimburse Kari for a portion of her attorney’s fees after analyzing the financial disparity between the parties’ income, their available resources and Tim’s conduct which unnecessarily increased the litigation expenses.
    Issue 3: Whether the district court erred as a matter of law when it determined that the parties’ agreement that the spousal support awarded to Kari was nonmodifiable as to amount and duration failed to meet the exception “unless otherwise agreed by the parties in writing” of Subsection 3 under N.D.C.C. § 14-05-24.1. Yes, based on the parties’ agreed upon contractual provision in a Stipulation establishing spousal support that was non-modifiable in duration and amount, the district court erred in not finding that such provision met the “unless otherwise agreed by the parties in writing” exception of N.D.C.C. § 14-05-24.1.


Briefs

Filing Date Description
03/13/2020 APPELLANT BRIEF View
04/20/2020 APPELLEE BRIEF View
05/04/2020 REPLY BRIEF View
05/18/2020 REPLY BRIEF (Kari Cathryn O'Keeffe) View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Tracy JoHanna Lyson - 06138
APPELLEE PRIVATE PRACTICE Patti Jo Jensen - 04328
APPELLEE PRIVATE PRACTICE DeAnn M Pladson - 05008

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

Seq. # Filing Date Description Attachment
1 12/03/2019 NOTICE OF APPEAL : 12/03/2019
2 12/03/2019 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
3 12/03/2019 ORDER FOR TRANSCRIPT : 12/06/2019
4 12/06/2019 NOTICE OF CROSS APPEAL
5 12/06/2019 NOT. OF FILING NOT. OF APPEAL AND NOTICE OF CROSS-APPEAL AND PROOF OF SERV.
6 12/06/2019 Notice served on Tracy J. Lyson and Patti J. Jensen
7 12/27/2019 MOTION FOR STAY PENDING APPEAL
8 01/02/2020 ELEC. RECORD ON APPEAL DATED DECEMBER 31, 2019 (ENTRY NOS. 1-160)
9 01/09/2020 ACTION BY SUPREME COURT - Denied
10 02/04/2020 ELECTRONIC TRANSCRIPT DATED APRIL 5, 2019
11 02/04/2020 ELECTRONIC TRANSCRIPT DATED AUGUST 9, 2019
12 02/04/2020 TRANSCRIPT C.O.S.
13 03/13/2020 APPELLANT BRIEF View
14 03/13/2020 APPELLANT APPENDIX
15 03/26/2020 Rec'd 6 copies of ATB and ATA from CSD
16 04/08/2020 MOT. EXT/TIME APPELLEE BRIEF
17 04/08/2020 ACTION BY CLERK - Granted : 04/20/2020
18 04/20/2020 APPELLEE BRIEF View
19 04/20/2020 APPELLEE APPENDIX
20 04/20/2020 Oral Argument Request by Appellee
21 04/22/2020 Rec'd 5 copies of AEB & AEA from CSD
22 04/23/2020 NOTICE OF ORAL ARGUMENT SENT
23 04/23/2020 SITTING WITH THE COURT : Bahr, Douglas Alan
24 04/27/2020 MOTION TO CONTINUE ORAL ARGUMENT
25 04/27/2020 ACTION BY SUPREME COURT - Granted
26 05/04/2020 REPLY BRIEF View
27 05/06/2020 Rec'd 5 copies of RYB back from Central Duplicating
28 05/18/2020 REPLY BRIEF (Kari Cathryn O'Keeffe) View
29 05/19/2020 Rec'd 5 copies of RYB from CSD
30 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
31 06/22/2020 Rec'd Not of Appearance by DeAnn M. Pladson counsel for Appellee
32 06/29/2020 APPEARANCES: Tracy J. Lyson; DeAnn M. Pladson
33 06/29/2020 ARGUED: Tracy J. Lyson; DeAnn M. Pladson
34 06/29/2020 ORAL ARGUMENT WEBCAST