Smith v. Smith

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Smith v. Smith

Case Number
Call Date
October 2, 2015
Court Number
Case Summary

S-14-0994 Jennifer Ann Smith (Appellee) v. Darren Ray Smith (Appellant)

Lincoln County District Court, Judge Donald E. Rowlands

Attorneys: Nancy S. Johnson (Conway, Pauley & Johnson, P.C.) --- Monelle M. Beal (Nichols Law)(Appellant)

Civil: Modification

Proceedings below: The trial court determined there was no material change in circumstances, denied all relief requested by Appellant and ordered Appellant to pay $17,000 in attorney fees and costs.

Issues: The trial court erred in 1) counting the time for evidence to be reviewed by the court outside of court against Appellant and then ruling that said time consumed all Appellant's remaining time and forthwith refusing to allow Appellant to cross examine or voir dire Appellee and Appellee's witnesses, 2) concluding there was no material change in circumstances for purposes of modifying the parenting plan, custody and visitation, 3) failing to find Appellee in contempt, 4) awarding Appellee nearly $17,000 in attorney fees and costs, and 5) denying Appellant's motion for a new trial.