GINA M. LYON, Plaintiff, Appellee and Cross-Appellant,
MOUNTAIN PACIFIC GENERAL, INC., Defendant and Appellant
Submitted on Briefs: September 11, 2013
APPEAL FROM: District Court of the Eleventh Judicial District, In and For the County of Flathead, Cause No. DV 11-397(C) Honorable Stewart E. Stadler, Presiding Judge
For Appellant: P. Mars Scott, Stephanie K. Mann, P. Mars Scott Law Offices; Missoula, Montana
For Appellee: Penni L. Chisholm, Dean D. Chisholm, Chisholm & Chisholm, P.C.; Columbia Falls, Montana
Brian Morris Justice
¶1 Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.
¶2 Appellant Mountain Pacific General, Inc. (MPG) appeals the order of the Eleventh Judicial District Court, Flathead County, that directed the Clerk of Court to distribute to Gina Lyon (Gina) $132, 000 held in a dissolution proceeding involving Gina and Jeffrey Lyon (Jeffrey). G ina cross-appeals the District Court's denial of her motion for attorneys' fees and costs. We affirm.
¶3 Gina filed a petition for dissolution of marriage in the Eleventh Judicial District Court in 2005 in Cause No. DR-05-154C. The petition named Gina and Jeffrey as the only two parties to the action. The District Court entered the decree of dissolution on February 4, 2008.
¶4 Gina filed a motion for contempt against Jeffrey on June 29, 2010. T he District Court awarded Gina $113, 104 for past medical expenses and child support. T he District Court also entered judgment against MPG "for the care and support of the parties' children" even though MPG had not been a party to the action. MPG filed a limited appearance to set aside the judgment and quash the execution against its corporate property.
¶5 In the meantime, MPG sold real property owned by the marital estate on which it had filed a lien. Gina contended that she should receive MPG's portion of the sale to satisfy Jeffrey's debt to her. T he parties agreed to deposit $132, 000 with the Flathead County Clerk of Court until the District Court determined ownership and directed disbursement. The $132, 000 represented MPG's interest in the sale proceeds from the real property.
¶6 The District Court set aside the judgment against MPG on March 30, 2011. The District Court directed the Clerk of Court to issue a check for $132, 000 to MPG's counsel.
¶7 Shortly thereafter, Gina filed a complaint against MPG in the Eleventh Judicial District in Cause No. DV-11-397C. Gina sought a ruling that MPG serves as Jeffrey's alter ego. The District Court granted a temporary restraining order that directed the Clerk of Court to retain the $132, 000 previously deposited in Cause No. DR-05-154C.
¶8 MPG filed a motion to dismiss on the grounds that Gina had failed to raise the issue of MPG having served as an alter ego for Jeffrey at the dissolution proceedings. MPG argued that Gina should be prevented from raising this issue in a separate proceeding. The District Court denied MPG's motion and directed the Clerk of Court to continue to hold the $132, 000. MPG filed a petition for alternative writ of mandate with this Court. We denied MPG's petition. Lyon v. Stadler, No. OP 11-0752 (Feb. 14, 2012).
¶9 The District Court granted summary judgment in Gina's favor based upon its finding that MPG, in fact, represents the alter ego of Jeffrey. The District Court denied Gina's motion, pursuant to M. R. Civ. P. 11, for attorneys' fees and costs. The District Court later entered judgment against MPG for $160, 655 in addition to any future child support or medical support owing by Jeffrey, with interest at the rate of 10% per annum. The District Court ordered the Clerk of Court to distribute to Gina ...