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Jeffrey Shannon v. Darcie Shannon

October 23, 2012

JEFFREY SHANNON,
PLAINTIFF AND APPELLANT
v.
DARCIE SHANNON,
DEFENDANT AND APPELLEE



Appeal from the District Court of McIntosh County, South Central Judicial District, the Honorable Donald L. Jorgensen, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme Court

Shannon v. Shannon,

2012 ND 222 This opinion is subject to petition for rehearing. [Go to Documents]

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DISMISSED.

Opinion of the Court by Kapsner, Justice.

[¶1] Jeffrey Shannon appealed from a district court divorce judgment and from a post-judgment order. We conclude we do not have jurisdiction, and we dismiss the appeal.

I

[¶2] Jeffrey and Darcie Shannon were married in 1984 and had two children. Darcie Shannon sued Jeffrey Shannon for divorce in May 2009, and Jeffrey Shannon moved out of the marital home in July 2009. The district court dismissed Darcie Shannon's divorce action in September 2009, but the parties remained separated.

[¶3] Jeffrey Shannon was involved in a serious automobile accident in December 2009, and Darcie Shannon was named his temporary guardian. Jeffrey Shannon's insurer refused coverage of his medical expenses arising from the accident, and Darcie Shannon transferred some of the parties' property to the parties' adult child and to Jeffrey Shannon's brother in an apparent attempt to shield marital assets from medical creditors. At the time of trial, Jeffrey Shannon's unpaid medical bills totaled approximately $135,000.

[¶4] Jeffrey Shannon brought this divorce action against Darcie Shannon in May 2010. At the beginning of trial, the parties stipulated that the court would reserve ruling on the $135,000 in medical debt until completion of anticipated litigation against Jeffrey Shannon's insurer and that the court would enter an interlocutory judgment. Following trial, the district court distributed the marital property other than the $135,000 medical debt and ordered Jeffrey Shannon to pay $780 per month in child support, $1,000 per month in rehabilitative spousal support for ten years, and $1,500 of Darcie Shannon's attorney fees.

[ΒΆ5] After Jeffrey Shannon appealed from the judgment, Darcie Shannon filed motions in the district court to alter or amend the findings and seeking leave to submit additional evidence. On temporary remand from this Court, the district court granted the motions in part and denied them in part, amending certain financial provisions in the ...


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