Wolf v. Wolf

Filed 11/20/19 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2019 ND 270
Melissa Rae Wolf n/k/a Melissa Rae Anderson, Plaintiff and Appellee
v.
Levi Norman Wolf, Defendant and Appellant
and
State of North Dakota, Statutory Real Party in Interest
No. 20190166
Appeal from the District Court of Stark County, Southwest Judicial District,
the Honorable Gary H. Lee, Judge.
AFFIRMED.
Per Curiam.
Jennifer Stanley, Minot, N.D., for plaintiff and appellee; submitted on brief.
Haylee Cripe, Dickinson, N.D., for defendant and appellant; submitted on
brief.
Wolf v. Wolf, et al.
No. 20190166
Per Curiam.
[¶1] Levi Wolf appeals the district court’s modification of the allocation of
parenting time for the parties’ child. Wolf contends that the court erred in
finding there was a material change of circumstances and finding the
modification of parenting time was in the best interest of the child. Wolf also
contends that the court abused its discretion by denying his motion for
continuance.
[¶2] We summarily affirm the district court’s judgment under N.D.R.App.P.
35.1(a)(4), concluding the court did not abuse its discretion in proceeding with
the evidentiary hearing after denying Wolf’s second request to continue the
scheduled hearing date. We summarily affirm the finding there was a
material change in circumstances and modification of parenting time
pursuant to 35.1(a)(2), concluding there is evidence in the record to
support the court’s findings and we are not left with a definite and firm
conviction a mistake has been made.
[¶3] Gerald W. VandeWalle, C.J.
Jon J. Jensen
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
1