History
  • No items yet
midpage
Fidler v. Fidler
296 P.3d 11
Alaska
2013
Read the full case

Background

  • Colleen filed for domestic violence protective orders on Dec 22, 2011, leading to a 20-day ex parte order.
  • A long-term protective order with interim custody was consolidated with divorce/custody proceedings.
  • Trial was scheduled for Mar 9, 2012, but the court canceled it and set a status conference; telephonic appearance planned from another city.
  • Thomas appeared unprepared for trial; his counsel had not appeared; the court denied a continuance.
  • The trial court found Thomas unlawfully entered Colleen’s home and violated the ex parte order; it issued a long-term protective order with contact limits and custody arrangements.
  • On appeal, the court vacated the long-term order, remanded for further proceedings, and noted no retained jurisdiction.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the denial of a continuance an abuse of discretion? Fidler argues denial prejudiced substantial rights. The court trusted orderly proceedings; continuance not warranted. Yes; abuse of discretion (vacate/remand).
Did due process require a continuance or adequate notice/preparation? Fidler contends insufficient notice and preparation time. Proceedings proceeded with notice and telephonic setup. Vacatur/remand; due process concerns acknowledged.
Should the long-term protective order be vacated and remanded? Fidler seeks reversal to allow fair adjudication. Court must correct trial deficiencies; modify measures if needed. Vacated and remanded; no retained jurisdiction.

Key Cases Cited

  • Husseini v. Husseini, 230 P.3d 682 (Alaska 2010) (treating a purported appeal as petition for review to avoid hardship)
  • Shooshanian v. Dire, 237 P.3d 618 (Alaska 2010) (quoting Siggelkow; due process and notice considerations)
  • Siggelkow v. Siggelkow, 643 P.2d 985 (Alaska 1982) (principles on due process and notice; abuse of discretion standard)
Read the full case

Case Details

Case Name: Fidler v. Fidler
Court Name: Alaska Supreme Court
Date Published: Feb 15, 2013
Citation: 296 P.3d 11
Docket Number: No. S-14683
Court Abbreviation: Alaska