Lead Opinion
1 1 Defendant Ceeil E. Clark (Cecil) seeks certiorari review of the court of appeals' memorandum decision in favor of plaintiff Linda Kay Clark (Linda). The court of appeals affirmed the trial court's finding of an unsolemnized marriage pursuant to section 30-1-4.5 of the Utah Code and reversed the trial court's granting of Cecil's motion for relief from judgment due to lack of jurisdiction. We affirm.
BACKGROUND
12 Linda and Cecil had an eighteen-year solemnized marriage, which ended in divorce on August 27, 1985. Just a few months after the divoree was granted, Linda and Cecil resumed living togethеr in late October or early November 1985. They continued to live together for a period of eleven years until August 1996. From December 1995 until June 1996, Linda resided in a separate apartment. She moved back in with Cecil, however, in June 1996, and they continued to live together until August 28, 1996, when a final separation occurred.
13 In October 1996, Linda brought this action against Cecil to establish an unsolem-nized marriage, obtain a divorcee, and divide marital assets. Cecil, however, delayed in providing discovery in the matter, even after two motions to compel. Thеrefore, Commissioner Lisa A. Jones held a hearing on April 17, 1997, and ruled that Cecil's failure to provide discovery would result in his pleadings being stricken and a default judgment entered against him if complete discovery was not forthcoming.
1 4 On May 15, 1997, in response to Commissioner Jones' ruling, Linda submitted a set of findings of fact and conclusions of law, declaration of marriage, and decree of divoree, which were placed in the record, unsigned. On the same day, Linda filed a motion for entry of decree and findings and a notice to submit for decision. Commissioner Jones stayed Linda's motion on June 30, 1997, and ordered that records sought by Linda be delivered to Linda's counsel the following day. The next day, July 1, 1997, Commissioner Jones certified the case for trial for determination of, among other things, whether an unsolemnized marriage existed, and to consider Cecil's contempt for "violation of restraint on assets." To expedite matters, Commissioner Jones suggested, in her minute entry, that the district court hold a bifurcated hearing to determine the marriage issue, noting that "the statutory limit on establishment of a marriage is loom-i 3 ing.
15 On the date of trial, August 18, 1997, the district court found in a minute entry that "the statutory requirements have been met and a common-law marriage existed up to August of 1996 when the parties separated." However, the findings of fact and conclusions of law were not entered at that time.
T6 The record indicates that counsel for Linda prepared findings of fact and conclusions of law, which were sent to opposing
T7 After the findings and declaration of marriage were entered, Cecil moved the court for relief from the judgment,
STANDARD OF REVIEW
18 "On a writ of certiorari, we review the decision of the court of appeals, not that of the district court, and apply the same standard of review used by the court of appeals." Coulter & Smith, Ltd. v. Russell,
ANALYSIS
I. ADJUDICATION REQUIREMENT OF SECTION 30-1-4.5
19 Subsequent to oral argument to the court of appeals in this case, we decided In re Marriage of Gonzalez,
110 As we explained in Gonzalez, the Utah Legislature enacted section 30-1-4.5 with the aim of preventing welfare fraud by giving Utah's Office of Recovery Services an avenue
1 11 Therefore, the legislative purpose giving rise to the one-year adjudication requirement has nothing to do with a case such as this where an individual attempts to establish an unsolemnized marriage in order to divide marital assets. See id. at 124 (noting that legislative purpose is unrelated to case where individual attempts to establish unso-lemnized marriage to claim insurance benefits). We further explained that a statute of limitation not tolled by the filing of an action created potential unfairness and would be subject to constitutional challenge, because "an action filed in a timely manner could still fail the limitation period due to delays in discovery or a court's crowded docket." Id. We specifically relied on our obligation to construe statutes to avoid potential unconstitutionality. See id. at 130. The construction urged by the intervenor in Gonzalez would have raised questions of equal protection, due process, and separation of powers, all of which were avoided by our reading. If, indeed, we misconstrued legislative intent, it is to be expected that the legislature will tell us so. Therefore, under Gonzales, an action to establish an unsolemnized marriage is timely if filed within one year of the termination of the relationship. Id.
IL STATUTORY REQUIREMENTS OF UNSOLEMNIZED MARRIAGE
112 Cecil challenges the court of appeals' affirmance of the trial court's finding that Linda had met the statutory requirements of section 80-1-4.5. Section 80-1-4.5(1) sets forth the following requirements to establish an unsolemnized marriage:
(1) A marriage which is not solemnized according to this chapter shall be legal and valid if a court or administrative order establishes that it arises out of a contract between two consenting parties who:
(a) are capable of giving consent;
(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;
(c) have cohabited;
(d) mutually assume marital rights, duties, and obligations; and
(e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife.
Utah Code Ann. § 30-1-4.5(1) (1998).
1113 Cecil argues that Linda failed to meet her burden of proving the following statutory requirements: (1) existence оf a contract and consent of Cecil; (2) mutual assumption of marital rights, duties, and obligations; and (3) holding themselves out as, and acquisition of a reputation as, husband and wife. See id. § 30-1-4.5(1), (1)(a), (d), (c). In addition, Cecil claims that Linda failed to establish cohabitation for the period October 1, 1985 through August 28, 1996. See id. § 30-1-4.5(1)(c).
114 Cecil argues there was insufficient evidence produced at trial to support the trial court's findings. His challenge involves a review of the trial court's application of statutory requirements to factual findings and is a mixed question of law and fact. Sеe Platts v. Parents Helping Parents,
T16 Second, there was sufficient evidence establishing that Linda and Cecil held themselves out and had acquired a reputation as husband and wife. For example, Linda retained her married name of "Clark," and both Linda and Cecil routinely introduced each other as husband and wife. Furthermore, at least two witnesses, including a neighbor and a former daughter-in-law, believed the Clarks were married. Those witnesses made that assumption because the Clarks were the "(Clark children's] mom and dad" and because the Clarks "acted like a husband and wife would aсt." Again, the court of appeals was correct in affirming the trial court's finding that the Clarks held themselves out and had a reputation as husband and wife.
{17 Finally, there was ample evidence supporting the trial court's finding of cohabitation. In his attempt to overturn the trial court's factual findings on this point, Cecil claims that during the period from October 1985 until August 28, 1995, he and Linda lived together "off and on." Cecil, however, cites to nothing in the record to support his assertion. Further, even though the parties had a brief separation during December 1995 until June 1996, the record shows that during that time, Cecil stayed overnight at Linda's apartment, sent her cards expressing his love and affection for her, and contributed to her expenses including car repairs and rent. Cecil also argues that both Cecil and Linda had intimate relationships with other people, which evidence refutes the trial court's finding of cohabitation. Essentially, Cecil only asserts his own view of the evidence, and claims the court of appeals erred in failing to reweigh the evidence in his favor. We disagree. The court of appeals wаs correct in affirming this finding.
118 We agree with the court of appeals that the trial court's factual findings show that Linda met each of the required elements for establishment of an unsolemnized marriage; therefore, the trial court did not abuse its discretion in its application of the statute. The court of appeals was correct in affirming the trial court's ruling that an unsolemnized marriage was established.
III. MOTION FOR RELIEF FROM JUDGMENT
119 Cecil challenges the court of appeals' reversal of the trial court's granting of Cecil's motion for relief from judgment. In reviewing the trial cоurt's interpretation of section 80-1-4.5, the court of appeals applied a correctness standard, see Clark v. Clark,
120 We note that in Gonzalez we did not decide the issue of whether the requirement of section 30-1-4.5(2) requiring only the filing of an аction, would apply to an action involving a divorce. See
{21 In the instant case, because the trial court found that the Clarks' unsolemnized marriage terminated on August 28, 1996, the statute of limitation began running on that date. Therefore, Linda's filing of her action in October 1996 was well within the statutory period. As we noted in Gonzalez, we did not, and still do not, believe that the legislature meant to place the burden of crowded court dockets and other matters completely beyond the petitioner's control, solely on the petitioner. See Gonzales,
22 In fact, the procedural history of Linda's action against Cecil clearly demonstrates the unfairness of a statute of limitation not tolled by the filing of an action. Linda filed her action in October 1996, within two months of the termination of the marital relationship. However, Cecil delayed discovery for at least two months, even ignoring two motions to compel. During that time Linda diligently attempted to obtain an order establishing an unsolemnized marriage. The trial was held and findings were made within one year of the termination date. However, due to further delays caused at least in part by Cecil, the final order was not entered until later than one year past the termination date of the unsolemnized marriage.
Based on our precedent in Gonzalez and our review of the merits, we affirm the court of appeals' decision in all respects.
Notes
. As the court of appeals notes in its memorandum decision in this matter, although Cecil termed his motion a motion to dismiss, "it is properly considered as a motion under Rule 60(b)(4) [motion for relief from void judgment] and we treat it accordingly." Clark v. Clark,
Concurrence Opinion
concurring in the result:
1 24 I concur in the result reached in the main opinion. I write separately to explain my concurrence.
{ 25 The court's decision today relies upon our decision in In re Marriage of Gonzalez,
126 The statute interpreted in Gonzalez and again applied here, section 80-1-4.5 of the Utah Code, requires that the "determination or establishment of a marriage under this section must occur during the relationship ... or within one year following the termination of that relationship." Utah Code Ann. § 80-1-4.5(2) (1998). By its terms, it appears not only to require the filing of such an action, but also determination or establishment of the relationship within that time. Had I been part of the Gongales court, I would have concurred in the dissenting opinion of Justice Russon. See Gonzalez,
127 However, in Gonzales we held that the requirements of section 30-1-4.5 are met by the filing of such an action within the term of the relationship plus one year. Gongalez,
28 In a society controlled by the rule of law, citizens are entitled to a considerable measure of stability in that law. This is especially true when the law is made by judges as opposed to the legislature. It is the legislature to which our citizens have a general right of redress and petition whеn they feel the law has been incorrectly decided. -It is the legislature that is designed to seek public input on issues of public policy. Courts are ill-suited to evaluate and impose broad policy mandates on society. Notwithstanding the contrary belief of many, including many judges, I am of the opinion that it is not our role to correct perceived errors in legislative policy. Our task is to apply statutory enactments as best we are able to understand them, and precisely as written if possible. This is true even if literal application of the statutory language does not produce a result we admire, or would advocate if we were members of the legislature. If we find the result to be unsatisfying, our obligation ends in applying the language as written, and pointing out the possibility of modification to the legislature for its consideration. Unless statutory language violates the constitution, courts have no obligation to "fix" anything the legislature chooses to do. That is better left to the legislative process and its closer relationship with citizens.
129 However, the case before us is controlled by Gongales. The court has already spoken as to the interpretation of the limitation period contained in the statute. To me, the only thing worse than a court seeking to act as a legislative body in modifying the law is a court that cannot be counted on to maintain stability and consistency in application of the law. Onee this court has spoken on an issue, changing that pronouncement should occur only when faced with cireum-stances clearly establishing that the prior rule was erroneous, is not easily subject to legislative remedy, and has failed the test of time. The decision in Gongales is barely a year old, is easily subject to legislative correction if desired, and appears to have worked little harm to society generally to date. Although I think it was incorrect at the time, I see no compelling reason to change the prior rule announced in Gonzalez, and I therefore concur in the result reached in the main opinion. I do so purely on the basis of stare decisis, not on the basis of agreement with the logic or policy expressed.
Dissenting Opinion
dissenting:
81 I dissent for the same reasons I dissented in In re Marriage of Gonzales,
The determinatiоn or establishment of a marriage under this section [by court or administrative order] must occur during the relationship described in subsection (1), or within one year following the termination of that relationship ....
Utah Code Ann. § 80-1-4.5(2) (1998) (emphasis added).
132 Despite the plain language of the above statute, the majority opinion today reaffirms this court's holding in In re Marriage of Gonzalez, construing subsection two of section 30-1-4.5 as requiring only the Ailing of a petition for adjudication of marriage within one year after the termination of the relationship.
"tlhe primary rule of statutory interpretation is to give effect to the intent of the legislature in light of the purpose the statute was meant to achieve." Sullivan v. Scoular Grain Co. of Utah,853 P.2d 877 , 880 (Utah 1998). To discover that intent, we look first to the plain language of the statute. State v. Larsen,865 P.2d 1355 , 1357 (Utah 1998). ... "Only when we find ambiguity in the statute's plain language need we seek guidance from the legislative history and relevant policy considerations." World Peace Movement v. Newspaper Agency Corp.,879 P.2d 253 , 259 (Utah 1994).
Harmon City, Inc. v. Nielsen & Semior,
'I 33 Moreover, the above principles of statutory interpretation have been consistently applied in other jurisdictions, As is well-stated in American Jurisprudence:
That a statute will produce a hardship which probably was not within the contemplation of the legislature is not sufficient basis for departing from the terms thereof. A court may not extend a statute, or construe it otherwise than as written, to avoid a hardship. If the law as written works a hardship in a special class of cases, the remedy is to be effected by the legislaturе, and not by judicial action in the guise of interpretation. - Hence, where the language of a statute is clear and unambiguous and the intention plain, it is the duty of the court to expound the statute as it stands, even if the consequence is a hardship, or if the statute is thereby rendered susceptible to abuse.
73 Am.Jur.2d Statutes § 264 (1974) (emphasis added); see also Deputy v. Du Pont,
134 Accordingly, although section 30-1-4.5's requirement relating to conclusion, rather than commencement, of legal proceedings may be unusual, its language is clear and unambiguous-leaving no room for construction. Therefore, because it is undisputed that the court order establishing a common lаw marriage in the instant case was not entered within the one-year adjudication period set forth by section 30-1-4.5(2), I would overrule our recent decision in In re Marriage of Gonzalez and, in doing so, reverse the court of appeals' decision concerning Cecil's motion for relief from judgment due to lack of jurisdiction.
.
. Obviously, the reason for the statute is to require an order establishing marriage during the relationship, but protect children conceived during the relationship but born after its termination.
. I fully understand and respect the principle of stare decisis, which gives stability to our body of law. However, we should not perpetuate a law that is clearly wrong for the sake of stare decisis,
As Justice Felix Frankfurter aptly noted: We recognize that stare decisis embodies an important social policy. It represents an element of continuity in law, and is rooted in the psychologic need to satisfy reasonable expectations. But stare decisis is a principle of policy and not a mechanical formula of adherence to the latest decision, however recent and questionable, when such adherence involves collision with a prior doctrine more embracing in its scope, intrinsically sounder, and verified by experience
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This Court, unlike the House of Lords, has from the beginning rejected a doctrine of disability at self-correction.
Helvering v. Hallock,