Klundt v. Benjamin, et al.
Docket No. 20210048
Oral Argument:
Wednesday, May 26, 2021 10:45 AM
Docket Info
- Title
- James F. Klundt, Plaintiff and Appellee
v.
Rebecca L. Benjamin, Defendant and Appellant
and
State of North Dakota, Statutory Real Party in Interest - Case Type
- CIVIL APPEAL : CHILD CUST & SUPPORT (Div.\Other)
- Appeal From
-
Case No. 2017-DM-00041
Northeast Judicial District, Bottineau County
Donovan John Foughty
2021 ND 149963 N.W.2d 278
Oral Argument
5/26/2021
Highlight
In proceedings relating to a motion to modify primary residential responsibility, a prima facie case warranting an evidentiary hearing consists of factual allegations sufficient to support a finding of a material change in circumstances and that a change is necessary to serve the best interests of the child.
To establish a prima facie case that modification of primary residential responsibility is necessary to serve the best interests of the child requires more than the improved circumstances of the moving party.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/17/2021 | NOTICE OF APPEAL : 02/17/2021 | |
| 2 | 02/23/2021 | Received $125 Filing Fee | |
| 3 | 02/23/2021 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 4 | 02/23/2021 | Notice served on Kyle R. Craig and Erin M. Conroy | |
| 5 | 02/26/2021 | ELEC. RECORD ON APPEAL DATED FEBRUARY 25, 2021 (ENTRY NOS.1-93) | |
| 6 | 03/03/2021 | AMENDED ELEC. RECORD ON APPEAL DATED MARCH 2, 2021 (ENTRY NOS.1-36, 38-94) | |
| 7 | 03/22/2021 | APPELLANT BRIEF | View |
| 8 | 03/22/2021 | Oral Argument Request by Appellant | |
| 9 | 03/22/2021 | APPELLANT APPENDIX | |
| 10 | 03/30/2021 | Notice that State of North Dakota is a real party in interest | |
| 11 | 03/30/2021 | ELEC. SUPP. RECORD ON APPEAL DATED MARCH 29, 2021 (ENTRY NOS. 96-114) | |
| 12 | 03/31/2021 | Rec'd non-substantive corrections to ATA and proof of service | |
| 13 | 03/31/2021 | AMENDED ELEC. SUPP. RECORD ON APPEAL DATED MARCH 31, 2021 (ENTRY NOS. 95-115) | |
| 14 | 04/07/2021 | Rec'd 5 copies of ATB & 4 copies ATA from Central Duplicating | |
| 15 | 04/13/2021 | Received notice that the State of North Dakota will not be participating in the appeal | |
| 16 | 04/21/2021 | NOTICE OF ORAL ARGUMENT SENT | |
| 17 | 04/21/2021 | APPELLEE BRIEF | View |
| 18 | 04/27/2021 | Rec'd non-substantive corrections to aeb and svc | |
| 19 | 04/28/2021 | Rec'd non-substantive correction to title page and svc | |
| 20 | 04/29/2021 | Rec'd 4 copies of AEB from Central Duplicating | |
| 21 | 05/26/2021 | APPEARANCES: Robert G. Ackre/Erin M. Conroy | |
| 22 | 05/26/2021 | ARGUED: Robert G. Ackre/Erin M. Conroy | |
| 23 | 05/26/2021 | ORAL ARGUMENT WEBCAST | |
| 24 | 08/05/2021 | DISPOSITION | |
| 25 | 08/05/2021 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 26 | 08/05/2021 | Costs on appeal taxed in favor of Appellee | |
| 27 | 08/05/2021 | Judgment | View |
| 28 | 08/27/2021 | MANDATE |