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532 N.W.2d 59

Conkins v. Steffan

North Dakota Supreme Court

Decided May 17, 1995

North Dakota Supreme Court · decided 1995-05-17

Cited by 1 later decisions — most recently February 2001

1 state decisions

Key passage — most relied on by later courts

“Although we have concurrent jurisdiction with the trial court to award attorney fees on appeal, we prefer that the trial court decide the issue.”

quoted by 1 later decision, including Schmitz v. Schmitz

Relies on Wright v. Wright · Gronland v. Gronland

Good law ✅— No negative treatment on recordhow we know

Decided 1995-05-17

View the full empirical analysis of this case →

PER CURIAM.

¶1William 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).

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

¶3The trial court did not abuse its discretion in awarding Conkins attorney fees and we affirm under NDRAppP 35.1(a)(4).

¶4Both 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.
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