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Dakutak v. Dakutak

Supreme Court of North Dakota
Nov 16, 1994
525 N.W.2d 251 (N.D. 1994)

Opinion

Civ. No. 940134.

November 16, 1994.

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Everett Nels Olson, Judge.

AFFIRMED.

Robert A. Ramlo, Fargo, for plaintiff and appellee. Appearance by Miriam K. Dakutak.

John F. Dakutak, pro se. Appearance by Bethany Dakutak.


John Dakutak appealed from a divorce judgment of the District Court, Northwest Judicial District. He contends that a piano awarded to Miriam Dakutak in the judgment was not part of the marital estate because he had previously given the piano to his daughter Bethany. A trial court's distribution of marital property and granting of spousal support are findings of fact not to be overturned by this court unless they are "clearly erroneous." Rule 52(a), NDRCivP; Anderson v. Anderson, 504 N.W.2d 569 (N.D. 1993). See also Davis v. Davis, 448 N.W.2d 619 (N.D. 1989) [reflecting the importance of providing this Court with a complete transcript of the trial court proceedings when attempting to prove its findings to be clearly erroneous]. We are not convinced that the trial court's decisions were clearly erroneous. Therefore, we summarily affirm the district court judgment pursuant to Rule 35.1(a)(2), NDRAppP.

VANDE WALLE, C.J., and MESCHKE, LEVINE, NEUMANN and SANDSTROM, JJ., concur.


Summaries of

Dakutak v. Dakutak

Supreme Court of North Dakota
Nov 16, 1994
525 N.W.2d 251 (N.D. 1994)
Case details for

Dakutak v. Dakutak

Case Details

Full title:Miriam Kay DAKUTAK, Plaintiff and Appellee, v. John Fred DAKUTAK…

Court:Supreme Court of North Dakota

Date published: Nov 16, 1994

Citations

525 N.W.2d 251 (N.D. 1994)