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Buchholz v. Overboe

Docket No. 20220113
Oral Argument: Tuesday, September 20, 2022 10:45 AM

Docket Info

Title
Jonathan Lee Buchholz, Plaintiff and Appellee
v.
Kristin Angela Overboe Buchholz, Defendant and Appellant
Case Type
CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
Appeal From
Case No. 2020-DM-00102
Southeast Judicial District, Barnes County
Jay A. Schmitz
2022 ND 203982 N.W.2d 275
Oral Argument 9/20/2022

Highlight

A divorce based on irreconcilable difference applies to both parties. An argument implying the judgment does not apply to both parties is “nonsensical and frivolous.”

A divorce judgment must have remarriage language pursuant to N.D.C.C. § 14-05-02.

A court’s valuations of martial property within the range of evidence presented are not clearly erroneous.

A court’s distribution of martial property is clearly erroneous if it is made based on incorrect law, there was no evidenece to support the distribution, or after reviewing all the evidence we are left with a definite and firm conviction a mistake has been made.

A district court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter on motion by a party or on its own.

A district court may amend its findings under N.D.R.Civ.P. 52(b).


Briefs

Filing Date Description
06/13/2022 APPELLANT BRIEF View
07/13/2022 APPELLEE BRIEF View
07/27/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Lynn Slaathaug Moen - 06716
APPELLANT PRO SE Kristin Angela Overboe - 06751

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

Seq. # Filing Date Description Attachment
1 04/18/2022 NOTICE OF APPEAL : 04/18/2022
2 04/18/2022 ORDER FOR TRANSCRIPT : 04/22/2022
3 04/22/2022 Rec'd $125.00 Filing Fee
4 04/22/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 04/22/2022 Notice Served on Kristin A. Overboe and Lynn E. Moen Slaathaug
6 05/04/2022 All Transcripts Filed in Record
7 05/16/2022 SECOND NOTICE OF APPEAL
8 05/17/2022 NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV.
9 05/17/2022 Notice served on Kristin A. Overboe & Lynn Slaathaug Moen
10 05/18/2022 ELEC. RECORD ON APPEAL DATED MAY 17, 2022 (ENTRY NOS. 1-169, 171-388)
11 05/18/2022 (Rec'd by U.S. Mail - docket entry 202)
12 06/13/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED JUNE 10, 2022 (ENTRY NOS. 389-392)
13 06/13/2022 APPELLANT BRIEF View
14 06/13/2022 Oral Argument Request by Appellant
15 06/15/2022 Rec'd corrections to ATB (footnotes, oa stmt, cert comp)
16 06/17/2022 Rec'd additional corrections to ATB (oa stmt)
17 06/21/2022 Rec'd 3 copies of ATB from CD
18 07/13/2022 APPELLEE BRIEF View
19 07/13/2022 Oral Argument Request by Appellee
20 07/13/2022 APPELLEE'S MOTION FOR ATTORNEY'S FEES
21 07/15/2022 Rec'd 3 copies of AEB from CSD
22 07/27/2022 Response Filed to Motion for Attorney's Fees
23 07/27/2022 REPLY BRIEF View
24 07/27/2022 Motion for Attorney's Fees To Be Considered With the Merits
25 08/01/2022 Rec'd 3 copies of RYB back from CD
26 08/16/2022 2ND ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 15, 2022 (ENTRY NOS. 393-395)
27 08/18/2022 NOTICE OF ORAL ARGUMENT SENT
28 09/20/2022 APPEARANCES: Kristin A. Overboe; Lynn Slaathaug Moen
29 09/20/2022 ARGUED: Kristin A. Overboe; Lynn Slaathaug Moen
30 09/20/2022 ORAL ARGUMENT WEBCAST
31 11/01/2022 3RD ELEC. SUPP. RECORD ON APPEAL DATED OCTOBER 31, 2022 (ENTRY NOS. 396-398) View
32 11/10/2022 DISPOSITION (in Part)
33 11/10/2022 UNANIMOUS OPINION : Crothers, Daniel John View
34 11/10/2022 Judgment View
35 11/10/2022 By Order of the Court, double costs taxed in favor of Appellee and
36 11/10/2022 attorney’s fees in the amount of $1,000
37 11/10/2022 ACTION BY SUPREME COURT (APPELLEE'S MOTION FOR ATTORNEY'S FEES) - Granted
38 11/25/2022 Non-compliant PER rec'd (15 pages); given until 11/30/22
39 11/30/2022 PETITION FOR REHEARING - not published by direction of Court
40 12/02/2022 Corrected Opinion Page - On page 1, line 1, the name "Kristen" was replaced with the correct
41 12/02/2022 spelling of "Kristin"
42 12/05/2022 Rec'd PER from CSD
43 12/07/2022 ACTION BY SUPREME COURT - Denied View
44 12/15/2022 MANDATE
45 01/03/2023 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE View
46 01/26/2023 Corrected/Substitute Opinion Pages (Fisher replaced w/ Fischer - pg 7, para 23, line 1; pg 7,
47 01/26/2023 para 24, line 2; pg 8, para 25, line 1; & pg 9, para 29, line 1)