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E.R.J. v. T.L.B.

Docket No. 20220199
Oral Argument: Waived

Docket Info

Title
E.R.J., Plaintiff and Appellee
v.
T.L.B., Defendant and Appellant
Case Type
CIVIL APPEAL : PATERNITY
Appeal From
Case No. 2021-DM-00006
Northwest Judicial District, Divide County
Benjamen James Johnson

Parties' Statement of Issues

  • Appellant

    [¶1] Whether the District Court’s finding of fact that “T.L.B.” changed her surname to that of her new husband was clearly erroneous.
    [¶2] Whether the decision of the District Court in changing the surname of the child at issue to a hyphenated name consisting of a combination of T.L.B.’s and E.R.J.’s surnames was clearly erroneous.
    [¶3] Whether the District Court erred by not considering the factors for “proper and reasonable cause” for a name change found at N.D.C.C. § 32-28-02(3) when considering a name change request in a petition brought under the Uniform Parentage Act, N.D.C.C. § 14-20 et seq. (hereinafter “UPA”) under the UPA’s “good cause shown” standard found at N.D.C.C. §14-20-57(7).
    [¶4] Whether the District Court erred by not considering emotional injury as the sort of injury recognized by N.D.C.C. § 32-28-02(3).

  • Appellee 1

    ¶1 Whether the District Court correctly found that T.L.B. changed her surname to that of her new husband.
    ¶2 Whether the District Court decision correctly changed the child’s surname to a hyphenated combination of both parents was correct.
    ¶3 Whether the District Court properly considered the name change request brought under the Uniform Parentage Act.
    ¶4 Whether the District Court properly considered emotional injury in changing the minor child’s surname.

Summary

T.L.B. appeals from a district court judgment changing her child’s surname to a hyphenated name consisting of a combination of T.L.B.’s name and the name of the child’s biological father, E.R.J.

On appeal, T.L.B. argues: (1) the district court’s finding of fact that T.L.B. had changed her name was clearly erroneous, (2) it was clearly erroneous for the district court to change the child’s surname to a hyphenated name, (3) the district court erred when it did not consider the “proper and reasonable cause” factors for a name change under N.D.C.C. § 32-28-02(3) when considering a name change petition brought under N.D.C.C. ch. 14-20, and (4) the district court erred by not considering emotional injury as an injury recognized under N.D.C.C. § 32-28-02(3).

Briefs

Filing Date Description
10/10/2022 APPELLANT BRIEF View
11/08/2022 APPELLEE BRIEF View
11/22/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Carrie Lynn Francis - 05786
APPELLANT PRIVATE PRACTICE Thomas Jeffrey Corcoran - 07499

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

Seq. # Filing Date Description Attachment
1 07/08/2022 NOTICE OF APPEAL : 07/08/2022
2 07/08/2022 ORDER FOR TRANSCRIPT : 07/22/2022
3 07/18/2022 Rec'd filing fee
4 07/19/2022 Rec'd correction to noa & otr (redaction)
5 07/20/2022 Rec'd additional correction to noa & otr (date)
6 07/20/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
7 07/20/2022 Notice served on Thomas J. Corcoran & Carrie L. Francis
8 08/08/2022 ELEC. RECORD ON APPEAL DATED AUGUST 5, 2022 (ENTRY NOS. 1-85)
9 08/31/2022 All Transcripts Filed in Record
10 09/06/2022 1ST ELEC. SUPP. RECORD ON APPEAL DATED SEPTEMBER 2, 2022 (ENTRY NOS. 86-90) View
11 10/10/2022 APPELLANT BRIEF View
12 10/12/2022 Rec'd correction to ATB
13 10/13/2022 Rec'd 3 copies of ATB from CSD
14 11/08/2022 APPELLEE BRIEF View
15 11/08/2022 Rec'd correction to AEB (toc ref pg #s)
16 11/09/2022 Rec'd c.o.s. for corrections to AEB
17 11/14/2022 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
18 11/15/2022 Rec'd 3 copies of AEB from CSD
19 11/22/2022 REPLY BRIEF View
20 11/28/2022 Rec'd 3 copies of RYB from CSD
21 12/12/2022 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)
22 12/12/2022 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)