In Re the Marriage of Eslick
304 P.3d 372
Mont.2013Background
- David Eslick, incarcerated since 2010, was married to Lori Eslick; Lori petitioned for dissolution on Oct 4, 2011.
- David appeared telephonically at hearings prior to the final pretrial, and the court allowed telephonic appearances.
- A June 2012 schedule set discovery, witness lists, and a trial for June 25, 2012 with a final pretrial on June 12, 2012.
- David was hospitalized May 5–June 11, 2012 for severe foot infection and surgery, and mail access was restricted.
- David mailed a 60-day continuance request on June 18, 2012; he could not appear telephonically at the June 19 pretrial.
- The district court proceeded with the June 19 conference and then entered a default decree after David failed to appear at the June 26 hearing; the court denied his continuance motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused discretion by denying a continuance | Eslick asserts good cause due to medical emergency and incarceration conditions. | Eslick argues no prejudice; continuance not warranted given prior telephonic appearances. | District court abused discretion; good cause shown and prejudice established; remand. |
Key Cases Cited
- In re Marriage of Fishbaugh, 310 Mont. 519, 52 P.3d 395 (2002 MT 175) (continuance standard; abuse when prejudice shown)
- In re Marriage of Pospisil, 299 Mont. 527, 1 P.3d 364 (2000 MT 132) (continuance warranted for good cause; discretion analyzed)
- In re Marriage of Damschen, 363 Mont. 19, 265 P.3d 1245 (2011 MT 297) (abuse of discretion where no justification and prejudice)