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Varty v. Varty

Docket No. 20190391
Oral Argument: Tuesday, June 30, 2020 2:45 PM

Docket Info

Title
Thomas D. Varty, Plaintiff and Appellant
v.
Kathleen A. Varty, Defendant and Appellee
Case Type
CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
Appeal From
Case No. 2011-DM-00565
Northwest Judicial District, Williams County
Joshua B. Rustad
Oral Argument 6/30/2020

Parties' Statement of Issues

  • Appellant

    1. Whether the District Court abused its discretion by considering Kathleen’s untimely filed Reply Brief.
    2. Whether the District Court abused its discretion by granting Kathleen’s untimely request for oral arguments.
    3. Whether the District Court abused its discretion in finding that it was unconscionable that Thomas should exclusively enjoy the benefits from the phantom stock rights the accrued during the marriage.
    4. Whether it was clearly erroneous for the District Court to Order Thomas to pay to Kathleen for one-half of the next proceeds from the phantom stock.
    5. Whether the District Court erred as a matter of law and abused its discretion in not setting aside the entire 2011 Judgment, save for the declaration of divorce.

  • Appellee 1

    Whether the District Court erred in ordering Thomas Varty to pay Kathleen Varty for 1/2 of the proceeds from the phantom stock accumulated during the marriage that were not previously disclosed to Kathleen.


Summary

Thomas Varty appeals after he was ordered to pay Kathleen Varty $23,714.62.
Kathleen and Thomas Varty divorced in 2011. In December 2018, Kathleen Varty requested relief from the divorce judgment. She alleged that during the marriage Thomas Varty obtained shares in a phantom stock plan from a former employer. She claimed she was entitled to one-half of a $72,400 payment relating to the stock received by Thomas Varty in February 2016. Thomas Varty opposed the motion, arguing the phantom stock had no value on the date of the divorce and did not become vested until after the divorce. After a hearing, the district court awarded Kathleen Varty $23,714.62, one-half of the net proceeds received by Thomas Varty.
On appeal, Thomas Varty argues the district court erred in ordering the payment to Kathleen Varty.


Briefs

Filing Date Description
04/20/2020 APPELLANT BRIEF View
06/04/2020 APPELLEE BRIEF View
06/11/2020 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Harry Malcolm Pippin - 04682
APPELLANT PRIVATE PRACTICE Thomas Jeffrey Corcoran - 07499

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

Seq. # Filing Date Description Attachment
1 12/09/2019 NOTICE OF APPEAL : 12/09/2019
2 12/09/2019 ORDER FOR TRANSCRIPT : 12/18/2019
3 12/16/2019 Received $125 filing fee
4 12/18/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 12/18/2019 Notice served on Thomas J. Corcoran and H. Malcolm Pippin
6 01/08/2020 ELEC. RECORD ON APPEAL DATED JANUARY 7, 2020(ENTRY NOS. 1-150)(Not Rec'd - Deleted items 6,7,90)
7 02/10/2020 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 16, 2019
8 02/10/2020 CERTIFICATE OF SERVICE (9/16/2019)
9 02/27/2020 1ST ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 26, 2020 (ENTRY NOS. 151-154)
10 03/18/2020 MOT. EXT/TIME APPELLANT BRIEF
11 03/18/2020 ACTION BY CLERK - Granted : 04/20/2020
12 04/20/2020 APPELLANT BRIEF View
13 04/20/2020 APPELLANT APPENDIX
14 04/21/2020 Rec'd non-substantive corrections ATA
15 04/22/2020 Rec'd 5 copies of ATB & ATA from CSD
16 04/27/2020 Rec'd fee overpage limit ATA (receipt #27575)
17 05/13/2020 MOT. EXT/TIME APPELLEE BRIEF
18 05/14/2020 ACTION BY CLERK - Granted : 06/04/2020
19 05/21/2020 NOTICE OF ORAL ARGUMENT SENT
20 06/04/2020 APPELLEE BRIEF View
21 06/04/2020 Oral Argument Request by Appellee
22 06/04/2020 Rec'd non-substantice corrections to AEB
23 06/08/2020 Rec'd 5 copies of AEB back from Central Duplicating
24 06/11/2020 REPLY BRIEF View
25 06/16/2020 Rec'd 5 copies of RYB from Central Duplicating
26 06/30/2020 APPEARANCES: H. Malcolm Pippin; Appellant wavied under N.D.R.App.P. 34(a)(1)(c)
27 06/30/2020 ARGUED: H. Malcolm Pippin; Appellant wavied under N.D.R.App.P. 34(a)(1)(c)
28 06/30/2020 ORAL ARGUMENT WEBCAST