June 19, 2013
Jennifer Jill Smedshammer, Plaintiff and Appellant
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.
[¶ 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