Opinion
DA 21-0285
06-22-2021
IN RE THE MARRIAGE OF: AMY R. MORGAN, Petitioner and Appellee, and SCOTT R. MORGAN, Respondent and Appellant.
ORDER
Self-represented Appellant Scott R. Morgan has moved the Court to stay execution of the June 17, 2020 and May 11 2021 Orders from the Eighteenth Judicial District Court, Gallatin County, and to transfer the transcripts from his prior appeal in DA 20-0361 to his instant appeal. The June 17, 2020 order is a Contempt Order entered by Standing Master Magdalena C Brown. Appellee Amy R. Morgan, who is represented by counsel, has not filed a response.
On February 2. 2021, this Court issued an Order dismissing Scott's appeal in DA 20-0361 without prejudice because he sought therein to directly appeal the Standing Master's Contempt Order to this Court. We explained that a party must make specific objections to a standing master's order in the District Court, and that dismissal of the appeal was appropriate because it was not ripe. In Re Marriage of Morgan, No. DA 20-0361, Order (Mont. Feb. 2, 2021). See § 3-5-126, MCA; Seals v. Reals, 2013 MT 120, 13, 370 Mont. 88, 300 P.3d 1158.
The June 17, 2020 Contempt Order held Scott in contempt for failing to comply with the Stipulated Final Parenting Plan by not paying child support. The Order imposed jail time and ordered that Scott's one-ton Dodge truck be sold. Scott argues the Contempt Order is improper, that the referenced vehicle is the primary piece of equipment for his company's operations, and that its sale would create additional financial hardship. He contends jail time "will impede my short working season" and thus argues a stay is justified.
We obtained a copy of the May 11, 2021 Order. Therein, the District Court denied Scott's appeal of the Contempt Order because Scott had not filed specific objections within ten days of the Contempt Order, pursuant to § 3-5-126(2), MCA, and M. R. Civ. P. 53(e)(2). The District Court also approved and adopted the Standing Master's Contempt Order as an Order of the District Court, including the ruling on liquidation of Scott's truck, and recommitted the matter to the Standing Master for further proceedings. Scott has taken his appeal from this Order.
Scott is attempting to appeal directly from entry of a contempt order, but is barred from doing so absent an ancillary order that also addresses family law issues. Section 3-1-523, MCA; Lee v. Lee, 2000 MT 67, ¶ 37, 299 Mont. 78, 996 P.2d 389 (2000). However,' upon review of Scott's pleadings, the Contempt Order, and the District Court's Order, we conclude Scott is eligible to seek the Court's review of the contempt order by way of a writ of certiorari, or writ of review. Section 27-25-202, MCA. Accordingly, IT IS ORDERED that:
1. Scott's appeal, Cause No. DA 21-0285, is DEEMED an original proceeding for Petition for Writ of Certiorari, for review of the contempt by this Court. The Clerk of the Supreme Court is directed to file this Order and copies of the Scott's Notice and Motions in a new original proceeding, Cause No. OP 21-;
2. Scott's Motion to Stay Execution of the June 17, 2020 Contempt Order is GRANTED, pursuant to § 27-25-203, MCA, and the contempt proceeding is' HELD IN ABEYANCE pending review by this Court;
3. Scott's Motion to Transfer the June 15, 2020 Transcript from Cause No. DA 20-0361 to this above-captioned appeal is GRANTED, and
4. Scott is DIRECTED to file a signed and notarized affidavit, as required by § 27-25-201, MCA, concerning his claims about the "improper judgment" of
selling his truck and jail time, with this Court on or before Friday, July 2, 2021.
5. Scott is also granted to Friday, July 2, 2021, to file his brief in support of his challenge to the contempt order.
6. Amy is granted until Friday, July 16, 2021, to file a response to Scott's briefing.
The Clerk is directed to provide a copy of this Order to the Honorable Rienne H. McElyea, Eighteenth Judicial District Court. Gallatin County; to Standing Master Magdalena C. Bovven, Eighteenth Judicial District Court; to Sandy Erhardt, Clerk of District Court, Gallatin County, under Cause No. DR 18-105(B); to counsel of record, and to Scott R. Morgan personally.