Gwilliams v. Gwilliams
Docket Info
- Title
- Jennifer Marie Gwilliams, Plaintiff and Appellant
v.
Terry Lynn Gwilliams, Defendant and Appellee - Case Type
- CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
- Appeal From
-
Case No. 2021-DM-00049
Southeast Judicial District, Barnes County
Jay A. Schmitz
Parties' Statement of Issues
-
Appellant
[1.] Whether the Court abused its discretion when it determined that a district court’s mistake of law does not justify setting the judgment aside under Rule 60(b).
[2.] Whether the Court incorrectly applied North Dakota law in calculating and distributing the marital estate.
[3.] Whether the Court abused its discretion in finding that plaintiff invited error in regards to the legal errors applied to the disposition of the marital home.
[4.] Whether the Court abused its discretion by not awarding spousal support to the plaintiff.
Supplemental Issues of Appellant:
[1.] Whether the Court abused its discretion by granting Defendant’s Motion to Stay and Denying Plaintiff’s Countermotion for Contempt.
[2.] Whether the Order was clearly erroneous under North Dakota law.
[3.] Whether the Court’s findings of fact were clearly erroneous.
Second Supplemental Issues of Appellant:
Whether the Order denying Permanent Spousal Support was clearly erroneous under North Dakota Law. -
Appellee 1
[¶1] A Rule 60(b) motion is not to be used as a substitute for an appeal.
[¶2] The district court did not abuse its discretion in ruling that Jennifer failed to establish sufficient grounds to disturb its initial judgment distributing the marital assets.
[¶3] The district court did not abuse its discretion when it ruled that Jennifer failed to establish sufficient grounds to disturb its initial judgment denying spousal support.
[¶4] The district court did not abuse its discretion in granting Terry’s Motion to Stay or determining it was not frivolous.
[¶5] The district court did not abuse its discretion in denying Jennifer’s Countermotion for contempt.
[¶6] Jennifer’s Appeal is frivolous.
Summary
Jennifer Gwilliams appeals from an order denying her motion for N.D.R.Civ.P. 60(b) relief in a divorce proceeding. She also appeals from an order granting Terry Gwilliams’ motion to stay enforcement of the judgment and denying her motion for contempt.
On appeal, Jennifer Gwilliams argues the district court made mistakes of law when valuing the marital estate, and the court abused its discretion by not correcting the mistakes. She also argues the court erred when it did not award spousal support, the court lacked jurisdiction to stay enforcement of the judgment, and the court abused its discretion when it denied her motion for contempt.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/22/2022 | NOTICE OF APPEAL : 05/22/2022 | |
2 | 05/22/2022 | ORDER FOR TRANSCRIPT (transmitted 6/7/22) | |
3 | 06/06/2022 | Filing Fee Rec'd | |
4 | 06/07/2022 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
5 | 06/07/2022 | Notice Served on Kristin A. Overboe and Krista L. Andrews | |
6 | 07/06/2022 | ELEC. RECORD ON APPEAL DATED JULY 5, 2022 (ENTRY NOS. 1-98) | |
7 | 07/07/2022 | All Transcripts Filed in Record | |
8 | 08/16/2022 | APPELLANT BRIEF | View |
9 | 08/17/2022 | Rec'd c.o.s. for atb w/ updated service email for K. Andrews | |
10 | 08/18/2022 | Rec'd 3 copies of ATB from CSD | |
11 | 08/22/2022 | SECOND NOTICE OF APPEAL | |
12 | 08/23/2022 | 1ST ELEC. SUPP. RECORD ON APPEAL DATED AUGUST 22, 2022 (ENTRY NOS. 99-117) | |
13 | 08/26/2022 | SECOND ORDER FOR TRANSCRIPT : 08/26/2022 | |
14 | 08/26/2022 | NOT. OF FILING SECOND NOT. OF APPEAL AND PROOF OF SERV. | |
15 | 08/26/2022 | Notice served on Kristin A. Overboe & Krista L. Andrews | |
16 | 09/08/2022 | All Transcripts Filed in Record | |
17 | 09/21/2022 | 2ND ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 20, 2022 (ENTRY NOS. 118-132) | View |
18 | 09/21/2022 | 3RD ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 21, 2022 (ENTRY NOS. 133-139) | View |
19 | 10/24/2022 | S.Ct. Not. of Dismissal/Failure to Proceed - RspDue : 10/31/2022 | |
20 | 10/31/2022 | Response Filed | View |
21 | 10/31/2022 | MOT. EXT/TIME APPELLANT BRIEF (contained in response) | |
22 | 11/01/2022 | ACTION BY CLERK - Granted : 11/01/2022 | |
23 | 11/01/2022 | NO ACTION TAKEN (S.Ct. Not. of Dismissal/Failure to Proceed) | |
24 | 11/01/2022 | SUPPLEMENTAL APPELLANT BRIEF | View |
25 | 11/01/2022 | Oral Argument Request by Appellant | |
26 | 11/08/2022 | Rec'd correction to ATB (OA request on title pg) | |
27 | 11/07/2022 | 4TH ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 8, 2022 (ENTRY NOS. 140-146) | View |
28 | 11/08/2022 | 5TH ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 8, 2022 (ENTRY NOS. 147-149) | View |
29 | 11/09/2022 | Rec'd 3 copies of Supp ATB from CSD | |
30 | 12/02/2022 | APPELLEE BRIEF | View |
31 | 12/01/2022 | Oral Argument Request by Appellee | |
32 | 12/05/2022 | Rec'd corrections to AEB | |
33 | 12/06/2022 | Rec'd 3 copies of AEB from CSD | |
34 | 12/20/2022 | NOTICE OF ORAL ARGUMENT SENT | |
35 | 12/29/2022 | REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE | View |
36 | 12/30/2022 | ACTION BY SUPREME COURT - Granted | |
37 | 01/05/2023 | MOTION TO CONTINUE ORAL ARGUMENT | View |
38 | 01/05/2023 | ACTION BY SUPREME COURT - Granted | |
39 | 01/24/2023 | NOTICE OF ORAL ARGUMENT SENT | |
40 | 01/26/2023 | NOTICE OF APPEARANCE OF LACEY R. GARRISON FOR APPELLANT | View |
41 | 01/26/2023 | MOTION TO REQUEST LEAVE TO SUPPLEMENT APPELLANT'S BRIEF AND CONTINUE ORAL ARGUMENT - RspDue : 02/01/2023 | View |
42 | 02/01/2023 | ACTION WAS TAKEN BY AN INDIVIDUAL JUSTICE - Granted | |
43 | 02/01/2023 | Response to Motion (untimely filed, not considered) | |
44 | 03/13/2023 | SECOND SUPPLEMENTAL APPELLANT BRIEF | View |
45 | 03/13/2023 | Oral Argument Request by Appellant | |
46 | 03/13/2023 | SUPP. AEB DUE 30 DAYS AFTER SVC OF ATB (delete when satisfied) : 04/12/2023 | |
47 | 03/14/2023 | Rec'd 4 copies of 2nd Supp ATB from CSD |