A district court's orders changing primary residential responsibility, denying a motion for continuance and denying a motion for a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2),(3) and(4).
Decided 2019-03-13
Filed 3/13/19 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
Nathan Richard Miles, Plaintiff and Appellee
v.
Sierra Marie Holznagel, Defendant and Appellant
and
State of North Dakota, Statutory Real Party in Interest
No. 20180388
Appeal from the District Court of Stark County, Southwest Judicial District,
the Honorable James D. Gion, Judge.
AFFIRMED.
Per Curiam.
Markus A. Powell, Dickinson, ND, for plaintiff and appellee.
Mary E. Depuydt, Wishek, ND, for defendant and appellant.
State of North Dakota, statutory real party in interest; no appearance.
Miles v. Holznagel
No. 20180388
Per Curiam.
[¶1] Sierra Holznagel appeals from district court orders granting Nathan Miles
primary residential responsibility of their minor child and denying a motion to
reconsider or grant a new trial. Holznagel argues the district court erred in finding a
material change in circumstances supported the change in residential responsibility
and overlooked facts when analyzing the best interest factors. Holznagel further
argues the court abused its discretion by limiting an evidentiary hearing to three
hours, allowing testimony from certain witnesses and denying a continuance. We
summarily affirm under N.D.R.App.P. 35.1(a)(2), (3) and (4).
[¶2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Jerod E. Tufte
1
