Dakutak v. Dakutak
Dakutak v. Dakutak
Opinion of the Court
John Dakutak appealed from a divorce judgment of the District Court, Northwest Judicial District. He contends that a piano awarded to Miriam Dakutak in the judgment was not part of the marital estate because he had previously given the piano to his daughter Bethany. A trial court’s distribution of marital property and granting of spousal support are findings of fact not to be overturned by this court unless they are “clearly erroneous.” Rule 52(a), NDRCivP; Anderson v. Anderson, 504 N.W.2d 569 (N.D. 1993). See also Davis v. Davis, 448 N.W.2d 619 (N.D. 1989) [reflecting the importance of providing this Court with a complete transcript of the trial court proceedings when attempting to prove its findings to be clearly erroneous]. We are not convinced that the trial court’s decisions were clearly erroneous. Therefore, we summarily affirm the district court judgment pursuant to Rule 35.1(a)(2), NDRAppP.
Reference
- Full Case Name
- Miriam Kay DAKUTAK, and v. John Fred DAKUTAK, and
- Status
- Published