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Smedshammer v. Smedshammer

Supreme Court of North Dakota

June 19, 2013

Jennifer Jill Smedshammer, Plaintiff and Appellant
v.
Troy Howard Smedshammer, Defendant and Appellee

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.

Jennifer J. Smedshammer, self-represented, plaintiff and appellant.

Anna K. Schultz (argued) and Robert J. Schultz (on brief), for defendant and appellee.

PER CURIAM.

[¶ 1] Jennifer Smedshammer appealed from a district court order adopting and affirming a judicial referee's findings and order granting Troy Smedshammer's motion to modify primary residential responsibility of one of the parties' children. Jennifer Smedshammer argues the court erred in finding Troy Smedshammer established a prima facie case entitling him to an evidentiary hearing on his motion and the court's findings about the best interest factors are clearly erroneous. We conclude Jennifer Smedshammer may not challenge the court's finding that Troy Smedshammer established a prima facie case. See Kartes v. Kartes, 2013 ND 106, ¶ 18 (any issue regarding the evidentiary basis for a court's decision that the moving party has established a prima facie case justifying modification of primary residential responsibility is rendered moot once an evidentiary hearing is held). We also conclude the court's findings on the best interest factors are not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7).

[¶ 2] Gerald W.VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Mary Muehlen Maring, Carol Ronning Kapsner


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