Negaard v. Negaard

Filed Dec. 2, 2003
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2003 ND 178

Donald A. Negaard, Plaintiff and Appellee
v.
Monica Wesley Negaard, n/k/a Monica Wesley Paper, Defendant and Appellant

No. 20030174

Appeal from the District Court of Pierce County, Northeast Judicial District, the Honorable Lester Ketterling, Judge.
AFFIRMED.
Per Curiam.
Anne E. Summers, Dyer & Summers, P.C., 418 E. Broadway Avenue, Ste. 246, P.O. Box 2261, Bismarck, N.D. 58502-2261, for
defendant and appellant. Gary R. Sorensen, Sorensen Law Firm, Northland Professional Building, 600 22nd Avenue NW, Minot, N.D. 58703-0986, for plaintiff and appellee.

Negaard v. Negaard
No. 20030174

Per Curiam.

[¶1] Monica Wesley Paper appeals a post-judgment divorce order granting Donald A. Negaard costs and attorney's fees.

[¶2] Paper argues the trial court failed to apply the standards used for fees in divorce cases, which analyzes one parent's need and the other parent's ability to pay. Paper also argues the trial court abused its discretion when it awarded Negaard costs and attorney's fees because the trial court never found Paper in contempt. Finally, Paper argues the trial court abused its discretion when it stated that she made no objections to the attorney's costs and fees.

[¶3] After reviewing the record, we conclude Paper did not raise any of these issues to the trial court and, therefore, may not raise them on appeal. See Peters-Riemers v. Riemers, 2002 ND 49, ¶ 9, 641 N.W.2d 83 (stating issues not raised to the trial court may not be raised on appeal).

[¶4] We affirm the April 10, 2003, order under North Dakota Rules of Appellate Procedure 35.1(a)(4), (7). Peters-Riemers, at ¶ 9.

[¶5]Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom
Carol Ronning Kapsner