Wolf v. Wolf, 20190166

935 N.W.2d 256 (Mem)

Melissa Rae WOLF n/k/a Melissa Rae Anderson, Plaintiff and Appellee

v. Levi Norman WOLF, Defendant and AppellantandState of North Dakota, Statutory Real Party in Interest

No. 20190166

Supreme Court of North Dakota.

Filed November 20, 2019

Jennifer Stanley, Minot, N.D., for plaintiff and appellee; submitted on brief.

Haylee Cripe, Dickinson, N.D., for defendant and appellant; submitted on brief.

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

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