Simonson v. Simonson Civil No. 11,201

Gierke, Justice.

Denna Simonson appeals from the district court's judgment asserting that the court lacked jurisdiction to make the child custody determination and that the court's findings relating to child custody and child support were clearly erroneous. At oral argument, Denna conceded every issue but the trial court's determination of child support. Our review is limited to whether or not the awarded child support is clearly erroneous. We hold that it is not clearly erroneous and affirm the judgment of the trial court pursuant to Rule 35.1(a)(2) of the North Dakota Rules of Appellate Procedure.*

H.F. Gierke III
Ralph J. Erickstad, C.J.
Gerald W. VandeWalle
Herbert L. Meschke
Beryl J. Levine

Footnote:

* "RULE 35.1 SUMMARY DISPOSITION

"(a) Affirmance by Summary Opinion. In any case in which the court determines after argument, unless waived, that no reversible error of law appears and insofar as applicable:

(2) the judgment of the trial court is based on findings of fact that are not clearly erroneous;

"the court may affirm by an opinion citing this rule and indicating which one or more of the above criteria applies and citing any previous controlling appellate decision."