Rath v. Rath

2018 ND 138, 911 N.W.2d 919
North Dakota Supreme Court·Decided June 5, 2018·No. 20170239·Published·Cited by 16 cases

Opinion

VandeWalle, Chief Justice.

[¶ 1] Mark Rath appealed from the district court's second amended judgment modifying decisionmaking responsibility and parenting time, and from orders denying his other various motions. We conclude the court did not abuse its discretion in denying a new trial because no manifest injustice supports reversal, in denying his requests for recusal of the judge, and in denying his motion for reconsideration. We affirm.

I

[¶ 2] In January 2013, Mark Rath and Kayla Rath, now known as Kayla Jones, were divorced. The divorce judgment awarded Kayla Jones primary residential responsibility for the parties' two children, and Mark Rath received supervised parenting time. Mark Rath has since made numerous post-judgment motions in the district court, some of which this Court has addressed in prior cases. See Rath v. Rath , 2017 ND 138 , 895 N.W.2d 315 ; Rath v. Rath , 2017 ND 128 , 895 N.W.2d 306 ; Rath v. Rath , 2016 ND 105 , 879 N.W.2d 735 ; Rath v. Rath , 2016 ND 83 , 878 N.W.2d 85 ; Rath v. Rath , 2016 ND 46 , 876 N.W.2d 474 ; Rath v. Rath , 2015 ND 22 , 861 N.W.2d 172 ; Rath v. Rath , 2014 ND 171 , 852 N.W.2d 377 ; Rath v. Rath , 2013 ND 243 , 840 N.W.2d 656 . In September 2016, the district court entered an amended judgment increasing his child support obligation, which we affirmed. Rath , 2017 ND 138 , ¶¶ 29-30, 895 N.W.2d 315 .

[¶ 3] In October 2016, Mark Rath moved the district court to amend the divorce judgment to adopt his proposed shared parenting plan, requesting joint residential responsibility or, in the alternative, granting him reasonable unsupervised parenting time. After a hearing on April 26, 2017, the court entered a second amended judgment, granting Kayla Jones sole decisionmaking responsibility for the children and amending parenting time to provide Mark Rath with unsupervised parenting time. The court subsequently entered various other orders denying his request for an order to show cause, requests for a new hearing, objections to the proposed judgment, requests for recusal, and motions to reconsider and to clarify.

[¶ 4] Mark Rath appealed from the district court's memorandum for second amended judgment filed May 22, 2017; an order within the May 22 memorandum denying an order to show cause; an order denying his request for a new hearing and his objection to judgment language filed June 8, 2017; an order denying his request for a new hearing and recusal filed June 8, 2017; and the second amended judgment filed June 13, 2017. Because post-judgment motions were pending at the time Rath filed his notice of appeal, we granted a limited remand for the district court to decide his remaining motions. After the court entered its order on August 16, 2017, denying his request to recuse, motion to reconsider, and motion to clarify, Rath filed an amended notice of appeal to include that order.

[¶ 5] While his appeal in this case was pending, we also granted Mark Rath permission to file another motion in the district court, seeking to amend the parenting plan for overnight parenting time to accommodate a ten-day, out-of-state family vacation. See Rath v. Rath , 2018 ND 98 , ¶¶ 4-5, 909 N.W.2d 666 . After a hearing, the district court denied his motion and awarded attorney fees. We affirmed the denial of his motion, reversed the attorney fees award, and denied his request for a supervisory writ. Id. at ¶¶ 1, 16. We now address Mark Rath's present appeal concerning proceedings related to entry of the second amended judgment.

II

Free access — add to your briefcase to read the full text and ask questions with AI

Rath v. Rath, 2018 ND 138, 911 N.W.2d 919 (N.D. 2018).

2018 ND 138 (Rath v. Rath) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Heisler v. Reiger
2025 ND 180 (North Dakota Supreme Court, 2025)
McKenzie Electric Coop., Inc. v. El-Dweek
2024 ND 227 (North Dakota Supreme Court, 2024)
Field v. Field, et al.
2024 ND 84 (North Dakota Supreme Court, 2024)
State v. Fischer
2024 ND 29 (North Dakota Supreme Court, 2024)
Senger v. Senger
2022 ND 229 (North Dakota Supreme Court, 2022)
Richardson v. Richardson
2022 ND 185 (North Dakota Supreme Court, 2022)
Schmidt v. Hageness
2022 ND 179 (North Dakota Supreme Court, 2022)
Rath v. Rath
2022 ND 105 (North Dakota Supreme Court, 2022)
Orwig v. Orwig
2021 ND 33 (North Dakota Supreme Court, 2021)
Dick v. Erman
2019 ND 54 (North Dakota Supreme Court, 2019)
State v. Hunter
914 N.W.2d 527 (North Dakota Supreme Court, 2018)