308 P.3d 33
Mont.2013Background
- Edwin and Linda Jonas were married 26 years; divorce finalized in 1990.
- Linda domesticated a 2006 New Jersey judgment against Edwin in Montana in 2009, seeking alimony, child support, medical costs, and substantial attorney fees.
- Linda sought a charging order, the appointment of a receiver, foreclosure of Edwin's distributional interest in BMR, and dissolution/wind-up of BMR, with lis pendens notice.
- A writ of execution issued in 2010; the district court granted the charging order, receiver appointment, foreclosure, and sale of BMR assets.
- Edwin challenged these orders in multiple appeals; in 2012 he moved to set aside the charging order and receiver, which the district court denied and the Montana Supreme Court affirmed, also sanctioning Edwin under Rule 19(5) for vexatious conduct and remanding for fee assessment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred by denying Edwin’s motion to set aside the charging order and receiver | Jonas argues the orders should be set aside due to new grounds | Jonas did not timely raise the issues earlier; law of the case supports denial | No error; law of the case controlled denial |
| Whether Linda is entitled to fees and costs under M. R. App. P. 19(5) | Linda seeks sanctions based on Edwin’s vexatious conduct delaying enforcement | Edwin contends no sanctionable conduct; arguments not frivolous | Yes; fees and costs awarded against Edwin on appeal; remanded for amount determination |
Key Cases Cited
- Carlson v. Northern Pac. Ry. Co., 281 P. 913 (Mont. 1929) (law-of-the-case principle and finality of judgments; doctrine governs subsequent proceedings)
- McCormick v. Brevig, 294 Mont. 144, 980 P.2d 603 (1999 MT) (law-of-the-case applicability; waiver of rights when not appealed)
- McCormick v. Brevig, 338 Mont. 370, 169 P.3d 352 (2007 MT) (McCormick III; law-of-the-case discussion on waiver and finality)
- In re Estate of Snyder, 217 P.3d 1027 (Mont. 2009) (concepts of judicial economy and finality of judgments)
- Aviall, Inc. v. Ryder Sys., Inc., 110 F.3d 892 (2d Cir. 1997) (law-of-the-case-like effect in waiver contexts; general interlocutory finality)