Conkins v. Steffan

North Dakota Supreme Court

Conkins v. Steffan

532 N.W.2d 59, 1995 WL 307766

CourtNorth Dakota Supreme Court

DecidedMay 17, 1995

DocketCiv. No. 940328

StatusPublished

Cited by4 cases

This text of 532 N.W.2d 59 (Conkins v. Steffan) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conkins v. Steffan, 532 N.W.2d 59, 1995 WL 307766 (N.D. 1995).

Pincite

Opinion

William J. Steffan appeals from an amended judgment, transferring custody of his minor child to Nancy Conkins, the child's mother, if Steffan moves to Dickinson, and awarding Conkins attorney's fees. See Wright v. Wright, 431 N.W.2d 301 (N.D. 1988).

The custody determination is not clearly erroneous and we affirm under NDRAppP 35.1(a)(2).

The trial court did not abuse its discretion in awarding Conkins attorney fees and we affirm under NDRAppP 35.1(a)(4).

Both parties requested attorney fees on appeal. Although we have concurrent jurisdiction with the trial court to award attorney fees on appeal, we prefer that the trial court decide the issue. Gronland v. Gronland, 527 N.W.2d 250 (N.D. 1995). We remand for a decision on the amount of attorney fees, if any, to be awarded for this appeal.

VANDE WALLE, C.J., and LEVINE, SANDSTROM, NEUMANN and MESCHKE, JJ., concur. *Page 366

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