Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marriage of Taylor

Supreme Court of Montana

December 27, 2016

IN RE THE MARRIAGE OF: LISA TAYLOR, Petitioner and Appellee, and JOSEPH W. TAYLOR, Respondent and Appellant.

          Submitted on Briefs: November 30, 2016

         District Court of the Eighteenth Judicial District, In and For the County of Gallatin, Cause No. DR 12-126B Honorable Mike Salvagni, Presiding Judge

          For Appellant: Suzanne C. Marshall, Marshall Law Firm, P.C., Bozeman, Montana.

          For Appellee: Christopher J. Gillette, Christopher J. Gillette, PC, Bozeman, Montana.

          OPINION

          Beth Baker Justice.

         ¶1 Joseph Taylor objected to the Findings of Fact, Conclusions of Law, and Decree proposed by a standing master following trial of the marriage dissolution proceeding between Joseph and Lisa Taylor. The District Court refused to review the Standing Master's report because Joseph's objections lacked the required specificity. We agree and affirm the District Court's order.

         PROCEDURAL AND FACTUAL BACKGROUND

         ¶2 Lisa and Joseph married in July 2010 and have two minor children together. The parties physically separated in March 2012. Lisa filed a petition for legal separation in November 2012. Joseph filed a counter-petition for dissolution of the marriage.

         ¶3 The Standing Master held a four-day trial in May 2015. After considering the parties' testimony and evidence, the Standing Master issued a detailed 46-page report with findings of fact, conclusions of law, and a Decree of Dissolution. The Master awarded Lisa the family home, required Joseph to pay Lisa $48, 621 in back temporary family support, required Joseph to pay over $2, 000 per month in child support, and awarded Lisa her attorney's fees. The Master also issued a final parenting plan that gave Lisa primary residential custody of the children, with a plan for supervised visitation and reunification between the children and Joseph.

         ¶4 Joseph filed a three-page motion for review of the Standing Master's report. The District Court denied Joseph's motion because it concluded that Joseph had not made specific objections to the Master's report as required by statute. The court noted that Joseph's first objection merely restated a portion of one of the Master's findings. Joseph's next few objections, the court observed, simply listed the findings to which Joseph objected. The court emphasized that Joseph did "not specify what his objections are to those findings." Thus, the court concluded, Joseph failed to comply with § 3-5-126, MCA. Joseph appeals.

         STANDARD OF REVIEW

         ¶5 We review de novo a trial court's interpretation of a statute. Fellows v. Saylor, 2016 MT 45, ¶ 13, 382 Mont. 298, 367 P.3d 732.

         DISCUSSION

         ¶6 Whether the District Court correctly refused to review Joseph's objections to the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.