Sweeney v. Kirby

Full title: Brian L. SWEENEY, Plaintiff v. Dawn M. KIRBY, Defendant and Appellant.

Court: Supreme Court of North Dakota.

Date published: Oct 22, 2013

841 N.W.2d 2 (N.D. 2013)

2013 N.D. 179

Opinion

No. 20130152.

2013-10-22

Brian L. SWEENEY, Plaintiff v. Dawn M. KIRBY, Defendant and Appellant.

PER CURIAM.

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.
Brian L. Sweeney, plaintiff; no appearance. Vanessa Rose Berge, Fargo, ND, for defendant and appellant; submitted on brief.
PER CURIAM.

[¶ 1] Kirby appealed the order of the trial court denying her motion to modify primary residential responsibility of the parties' minor child. Kirby argues she provided sufficient evidence to grant her request to modify primary residential responsibility. We hold the court's determination that Kirby did not establish there had been a significant or material change in circumstances is not clearly erroneous, and we affirm the order under N.D.R.App.P. 35.1(a)(2). [¶ 2]

GERALD W. VANDE WALLE, C.J., MARY MUEHLEN MARING, CAROL RONNING KAPSNER, DALE V. SANDSTROM, and DANIEL J. CROTHERS, JJ., concur.