Buchholz v. Overboe
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
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).
(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) |