Lessard v. Johnson
Docket Info
- Title
- Julie Lessard, Plaintiff and Appellee
v.
Kevin Johnson, Defendant and Appellant - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2018-DM-00159
East Central Judicial District, Cass County
Frank L. Racek
Highlight
The effect of a judgment decreeing a divorce is to restore the parties to the state of unmarried persons, but neither party to a divorce may marry except in accordance with the decree of the court granting the divorce.
Whether a moving party has established a prima facie case for a modification of primary residential responsibility presents a question of law, reviewed de novo on appeal.
A district court’s decision whether to grant a protective order limiting discovery is reviewed for an abuse of discretion.
A parent moving for permission to relocate has the burden of proving by a preponderance of the evidence the move is in the child’s best interests. To decide whether relocation is in a child’s best interests, the district court applies the four Stout-Hawkinson factors.
A district court may award attorney’s fees and costs to remedy abuse caused by successive frivolous post-judgment motions.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/10/2020 | NOTICE OF APPEAL : 08/10/2020 | |
2 | 08/14/2020 | Rec'd $125.00 filing fee (receipt #27812) | |
3 | 08/17/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
4 | 08/17/2020 | Notice Served on Kristin A.Overboe, Michael L.Gjesdahl and Kari A. Losee | |
5 | 08/18/2020 | MOTION FOR REMAND BY APPELLEE | |
6 | 08/19/2020 | ACTION BY CHIEF JUSTICE - Granted | |
7 | 08/19/2020 | Briefing Schedule Stayed | |
8 | 08/19/2020 | ORDER OF REMAND | |
9 | 08/19/2020 | Order/Judgment Sent to Parties | |
10 | 11/18/2020 | ELEC. RECORD ON APPEAL DATED NOVEMBER 18, 2020 (ENTRY NOS.1-642) | |
11 | 11/18/2020 | MOT. EXT/TIME APPELLANT BRIEF (Reset Due to Remand) | |
12 | 11/18/2020 | ACTION BY CLERK (Reset Due to Remand) (12/18/20) | |
13 | 11/23/2020 | SECOND NOTICE OF APPEAL : 11/23/2020 | |
14 | 11/23/2020 | ORDER FOR TRANSCRIPT : 11/24/2020 | |
15 | 11/24/2020 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
16 | 11/24/2020 | Notice Served on Kristin A.Overboe, Michael L.Gjesdahl and Kari A. Losee | |
17 | 01/22/2021 | ELECTRONIC TRANSCRIPT DATED AUGUST 31, 2020 | |
18 | 01/22/2021 | ELECTRONIC TRANSCRIPT DATED OCTOBER 7, 2020 | |
19 | 01/22/2021 | C.O.S. FOR ELECTRONIC TRANSCRIPT | |
20 | 02/03/2021 | MOTION FOR REMAND BY APPELLEE | |
21 | 02/05/2021 | ACTION BY CHIEF JUSTICE - Granted | |
22 | 02/05/2021 | ORDER OF REMAND | |
23 | 02/05/2021 | Response Filed to Request to Stay Pending Remand | |
24 | 02/10/2021 | Briefing stayed pending remand (order) | |
25 | 04/16/2021 | ELEC. RECORD ON APPEAL DATED APRIL 15, 2021 (ENTRY NOS.1-708)(Re-filed) | |
26 | 04/19/2021 | MOT. EXT/TIME APPELLANT BRIEF (Reset Due to Remand) | |
27 | 04/19/2021 | ACTION BY CLERK (Reset Due to Remand) (5/19/21) | |
28 | 04/19/2021 | THIRD NOTICE OF APPEAL : 04/19/2021 | |
29 | 04/19/2021 | SECOND ORDER FOR TRANSCRIPT : 04/21/2021 | |
30 | 04/21/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
31 | 04/21/2021 | Notice Served on Kristin A.Overboe, Michael L.Gjesdahl and Kari A. Losee | |
32 | 05/18/2021 | ELEC. SUPP. RECORD ON APPEAL DATED MAY 17, 2021 (ENTRY NOS. 709-713) | |
33 | 05/19/2021 | Non-compliant MOT. EXT/TIME APPELLANT BRIEF received - no good cause (no amended motion filed) | |
34 | 05/25/2021 | S.Ct. Not. of Dismissal/Failure to Proceed | |
35 | 06/02/2021 | NO ACTION TAKEN (notice issued in error) | |
36 | 06/02/2021 | ELECTRONIC TRANSCRIPT DATED APRIL 1, 2021 | |
37 | 06/02/2021 | REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED APRIL 1, 2021 | |
38 | 06/02/2021 | TRANSCRIPT CERTIFICATE OF SERVICE | |
39 | 07/06/2021 | MOTION TO DISMISS BY APPELLEE - RspDue : 07/20/2021 | |
40 | 07/07/2021 | Non-Compliant APPELLANT BRIEF (Given until 7/12/21 to revise) | |
41 | 07/07/2021 | APPELLANT APPENDIX | |
42 | 07/12/2021 | MOT. EXT/TIME APPELLANT BRIEF/ RESPONSE TO MOTION TO DISMISS | |
43 | 07/12/2021 | APPELLANT BRIEF | View |
44 | 07/12/2021 | Oral Argument Request by Appellant | |
45 | 07/16/2021 | Response Filed to MOT. EXT/TIME APPELLANT BRIEF | |
46 | 07/21/2021 | ACTION BY SUPREME COURT (MOTION TO DISMISS) - Denied | |
47 | 07/16/2021 | Rec'd $27.50 for additional pages in the Appellant Appemdix (receipt #28194) | |
48 | 07/21/2021 | ACTION BY SUPREME COURT (MAT) - Granted : 07/07/2021 | |
49 | 07/21/2021 | ORDER DENYING MOTION TO DISMISS AND GRANTING MOTION FOR EXTENSION | |
50 | 07/22/2021 | MOT. EXT/TIME APPELLEE BRIEF (SUA SPONTE - DUE TO UNTIMELY ATB) | |
51 | 07/22/2021 | ACTION BY CHIEF DEPUTY CLERK (SUA SPONTE DUE TO UNTIMELY ATB) : 08/23/2021 | |
52 | 07/26/2021 | Rec'd non-substantive corrections to ATB | |
53 | 07/27/2021 | Rec'd 4 copies of ATB and ATA back from CD | |
54 | 08/17/2021 | APPELLEE BRIEF | View |
55 | 08/17/2021 | APPELLEE APPENDIX | |
56 | 08/18/2021 | Rec'd non-substantive corrections to AEB (blank page 33 removed) | |
57 | 08/19/2021 | Rec'd $29.00 for additional pages over 100 in AEA (receipt #28215) | |
58 | 08/23/2021 | Rec'd 4 copies of AEB and 3 copies of AEA back from CD | |
59 | 09/16/2021 | NOTICE OF ORAL ARGUMENT SENT | |
60 | 09/22/2021 | Intent to Particpate in Oral Argument by Appellee | |
61 | 10/20/2021 | APPEARANCES: Kristin A.Overboe/Michael L.Gjesdahl & Kari A. Losee | |
62 | 10/20/2021 | ARGUED: Kristin A.Overboe/Michael L.Gjesdahl | |
63 | 10/20/2021 | ORAL ARGUMENT WEBCAST | |
64 | 01/31/2022 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 28, 2022 (ENTRY NOS. 714-731 ) | |
65 | 02/09/2022 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED FEBRUARY 8, 2022 (ENTRY NOS. 732-736 ) | |
66 | 02/18/2022 | DISPOSITION | |
67 | 02/18/2022 | UNANIMOUS OPINION : Jensen, Jon J. | View |
68 | 02/18/2022 | Costs on appeal taxed in favor of Appellee | |
69 | 02/18/2022 | Judgment | View |
70 | 03/14/2022 | MANDATE |