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Sweeney v. Kirby

Supreme Court of North Dakota

October 22, 2013

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

Editorial Note:

This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances by Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1

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.


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