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Gwilliams v. Gwilliams

Docket No. 20220149
Oral Argument: Argument Date & Time is not set.

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.


Briefs

Filing Date Description
08/16/2022 APPELLANT BRIEF View
11/01/2022 SUPPLEMENTAL APPELLANT BRIEF View
12/02/2022 APPELLEE BRIEF View
03/13/2023 SECOND SUPPLEMENTAL APPELLANT BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Thomas Robert George - 09662
APPELLEE PRIVATE PRACTICE Krista Lyn Andrews - 05504
APPELLANT PRIVATE PRACTICE Lacey Renae Garrison - 09671
APPELLANT PRIVATE PRACTICE Adam Paul Richard - 08858

(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