In re the Marriage of Herridge
279 P.3d 956
Wash. Ct. App.2012Background
- Dwyer, J. explains SCRA provides a mandatory stay only with statutorily specified information; failure to provide triggers denial of stay.
- Cecil Herridge, a Navy member, sought to modify a 2004 final child support/order during his deployment.
- Stacey Herridge petitioned to modify parenting plan and child support in 2008; a temporary order followed.
- Cecil sought a deviation from the temporary order and faced discovery noncompliance; his wife filed a declaration due to his deployment.
- Cecil deployed to Iraq in November 2009 and did not appear at the November 16, 2009 hearing; final orders were entered in his absence.
- Cecil later moved to vacate the final orders; the trial court denied requests and later awarded attorney fees; on remand some relief was granted re: parenting plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a stay was mandatory under SCRA given the application details. | Herridge asserts SCRA stay mandatory with deployment. | Herridge failed to provide required information; stay not mandated. | No mandatory stay; information did not meet statutory requirements. |
| Whether the court could deny a stay on its own motion without abuse of discretion. | Stays could be granted sua sponte to protect rights. | Discretionary stay not warranted; no prejudice shown and no need for oral testimony. | Court did not abuse discretion in denying sua sponte stay. |
Key Cases Cited
- State v. Keller, 143 Wn.2d 267 (Wash. 2001) (plain statutory language governs interpretation of SCRA)
- Parker v. Parker, 207 Ga. 588, 63 S.E.2d 366 (Ga. 1951) (earlier standard for stays under older SCRA versions)
- City of Pendergrass v. Skelton, 278 Ga. App. 37, 628 S.E.2d 136 (Ga. App. 2006) (specific information required for mandatory stay; limitations of letters from command)
- Engstrom v. First Nat’l Bank of Eagle Lake, 47 F.3d 1459 (5th Cir. 1995) (SCRA purposes; liberal construction but not as sword against claimants)
- In re Marriage of Bradley, 282 Kan. 1, 137 P.3d 1030 (Kan. 2006) (state-law standard for discretionary stay on court’s own motion)
- Skelton v. City of Georgia (City of Pendergrass related discussion), not applicable as a separate official reporter line in this context (2006) (illustrative discussion of SCRA letter sufficiency)