Amy C. Roberts v. Steven Locke
2013 WY 73
| Wyo. | 2013Background
- Roberts and Locke divorced in 2010 with Costa Rican beachfront property among assets.
- District court used the Costa Rican property as a keystone of the division, ordering sale of that and an Indiana property and distribution of proceeds.
- The 2010 divorce decree did not fix a selling price for the Costa Rican property, and Roberts did not appeal the decree.
- In 2011, Locke sought contempt for Roberts’ alleged failure to cooperate in selling the property; a hearing was held and the court issued a decision in 2011 not finding contempt but setting a range for offers over $600,000.
- Roberts later entered into long leases on two apartments on the Costa Rican property without Locke’s knowledge, affecting sale prospects and leading to a contempt finding in 2012.
- The district court, in August 2012, held Roberts in civil contempt and ordered her to convey all of her interest in the Costa Rican property to Locke to enable sale and proper distribution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court have jurisdiction to order conveyance of Costa Rican property? | Roberts claimed Costa Rican law deprived Wyoming court of jurisdiction. | Locke argued Wyoming court could order conveyance to effect equitable distribution. | Wyoming court had jurisdiction to order conveyance to effect equitable distribution. |
| Did the district court abuse its discretion in civil contempt finding? | Roberts contended no clear evidence of contempt and that the court erred in findings. | Locke argued Roberts willfully interfered with sale by altering terms and leasing property. | No abuse of discretion; contempt findings upheld. |
Key Cases Cited
- Breitenstine v. Breitenstine, 62 P.3d 587 (Wy. 2003) (equitable distribution despite extraterritorial real property)
- Kane v. Kane, 577 P.2d 172 (Wy. 1978) (extraterritorial property and equitable relief in divorce)
- Meima v. Broemmel, 117 P.3d 429 (Wy. 2005) (jurisdiction and enforcement of divorce-related property orders)
- In re Sowerwine’s Estate and Guardianship, 413 P.2d 48 (Wy. 1966) (foreign law proof required for issues involving foreign jurisdictions)
- Breitenstine v. Breitenstine, 62 P.3d 587 (Wy. 2003) (reiterates jurisdictional reach over extraterritorial property via equitable orders)
- Golden v. Guion, 299 P.3d 95 (Wy. 2013) (need for adequate record to review appellate contempt decisions)
- Chancler v. Meredith, 86 P.3d 841 (Wy. 2004) (appellate review and costs/fees in appeals from contempt orders)
- Stadtfeld v. Stadtfeld, 920 P.2d 662 (Wy. 1996) (appellate review standards for contempt and records)