Gomm v. Winterfeldt, et al.
Docket No. 20220043
Oral Argument:
Waived
Docket Info
- Title
- Bruce Joseph Gomm, Plaintiff and Appellee
v.
Amy Lorraine Winterfeldt, 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. 2021-DM-00050
Southeast Judicial District, Richland County
Mark T. Blumer
2022 ND 172980 N.W.2d 204
Highlight
Jurisdiction to modify an existing child custody determination is made independent from registration and enforcement of a foreign determination.
The moving party under a motion to modify primary residential responsibility is permitted to file a reply brief but is not entitled to file supplemental evidentiary materials.
To establish a prima facie case for modification of primary residential responsibility, a party must show a general decline in the condition of the child or a change that has adversely affected the child.
An evidentiary hearing is not required if a party fails to make a prima facie case.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 02/02/2022 | NOTICE OF APPEAL : 02/02/2022 | |
| 2 | 02/02/2022 | ORDER FOR TRANSCRIPT : 02/04/2022 | |
| 3 | 02/03/2022 | Rec'd Filing Fee | |
| 4 | 02/04/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 5 | 02/04/2022 | Notice served on Jonathan L. Green & Brock M. Wieber | |
| 6 | 02/07/2022 | MOTION FOR REMAND (SUA SPONTE) | |
| 7 | 02/07/2022 | ACTION BY CHIEF JUSTICE (SUA SPONTE) - Granted | |
| 8 | 02/07/2022 | ORDER OF REMAND | |
| 9 | 02/07/2022 | Briefing Schedule Stayed | |
| 10 | 02/07/2022 | Order/Judgment Sent to Parties | |
| 11 | 03/09/2022 | MOTION TO DISMISS FOR WANT OF SUBJECT MATTER JURISDICTION (APPELLANT) - RspDue : 03/23/2022 | |
| 12 | 03/10/2022 | Briefing schedule stayed pending disposition of motion to dismiss under N.D.R.App.P. 27(f) | |
| 13 | 03/23/2022 | Response Filed to Motion to Dismiss for Want of Subject Matter Jurisdiction | |
| 14 | 03/30/2022 | Motion to Dismiss for Want of Subject Matter Jurisdiction To Be Considered With the Merits | |
| 15 | 03/31/2022 | Repy Filed | |
| 16 | 04/05/2022 | All Transcripts Filed in Record | |
| 17 | 04/18/2022 | ELEC. RECORD ON APPEAL DATED APRIL 7, 2022 (ENTRY NOS. 1-231, 233-438)(NOT SENT: 394) | |
| 18 | 04/18/2022 | Order on Motions filed in district court 4/6/22 | |
| 19 | 04/19/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 18, 2022 (ENTRY NOS. 439-441) | |
| 20 | 04/19/2022 | Rec'd notice the State of North Dakota is a real party in interest | |
| 21 | 04/19/2022 | MOT. EXT/TIME APPELLANT BRIEF (sua sponte due to remand) | |
| 22 | 04/19/2022 | ACTION BY CLERK (sua sponte due to remand) - Granted : 05/19/2022 | |
| 23 | 05/19/2022 | MOT. EXT/TIME APPELLANT BRIEF | |
| 24 | 05/20/2022 | ACTION BY CLERK - Granted : 06/02/2022 | |
| 25 | 05/26/2022 | Notice of Substitution of Counsel for Appellee Gomm; Amy M. Clark for Brock M. Wieber | |
| 26 | 06/02/2022 | APPELLANT BRIEF | View |
| 27 | 06/02/2022 | Rec'd corrections to ATB | |
| 28 | 06/06/2022 | Rec'd 3 copies of ATB back from CD | |
| 29 | 06/08/2022 | Rec'd letter from Janet K. Naumann, Child Support Unit will not be participating in this appeal | |
| 30 | 06/30/2022 | APPELLEE BRIEF | View |
| 31 | 07/05/2022 | Rec'd 3 copies of AEB back from CD | |
| 32 | 07/07/2022 | ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT | |
| 33 | 08/03/2022 | APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 34 | 08/03/2022 | ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c) | |
| 35 | 09/14/2022 | MOTION FOR REMAND (SUA SPONTE) | |
| 36 | 09/14/2022 | ACTION BY SUPREME COURT (SUA SPONTE) - Granted | |
| 37 | 09/14/2022 | ORDER OF REMAND | View |
| 38 | 09/14/2022 | Order/Judgment Sent to Parties | |
| 39 | 09/22/2022 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 19, 2022(ENTRY NOS. 1-231, 233-451)(NOT SENT: 394)(Re-filed) | View |
| 40 | 09/22/2022 | AMENDED ELEC. RECORD ON APPEAL DATED SEPTEMBER 22, 2022 (ENTRY NOS. 1-231, 233-452) | View |
| 41 | 09/22/2022 | (NOT SENT: 239 & 394) | |
| 42 | 09/29/2022 | DISPOSITION | |
| 43 | 09/29/2022 | UNANIMOUS OPINION : Jensen, Jon J. | View |
| 44 | 09/29/2022 | Costs on appeal taxed in favor or Appellee | |
| 45 | 09/29/2022 | Judgment | View |
| 46 | 09/29/2022 | ACTION BY SUPREME COURT (Motion to Dismiss for Want of Subject Matter Jurisdiction) - Denied | |
| 47 | 10/21/2022 | MANDATE |