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.

State ex rel. Taylor v. Bowen

Supreme Court of Montana

February 20, 2018

STATE OF MONTANA ex rel. JOSEPH W. TAYLOR, Petitioner,
v.
MAGDALENA C. BOWEN, Standing Master, and THE HON. RIENNE McELYEA, District Judge Eighteenth Judicial District Court, Gallatin County, Respondents.

          ORDER

         On January 16, 2018, Petitioner Joseph W, Taylor ("Joseph"), through counsel, filed with this Court a Petition for a Writ of Certiorari or, in the alternative, a Writ of Supervisory Control, regarding a contempt citation issued on July 6, 2017, by the Eighteenth Judicial District Standing Master, Magdalena C, Bowen, in Cause No. DR-12-126B, In Re the Marriage of Lisa Taylor and Joseph Taylor. On January 23, 2018, we ordered the Eighteenth Judicial District Court and/or Lisa Taylor ("Lisa") to respond to Joseph's Petition. Both the Eighteenth Judicial District and Lisa have responded.

         "This Court has identified three 'indispensable' requisites to the granting of the writ of certiorari that 'must co-exist': (1) excess of jurisdiction; (2) absence of the right to appeal; and (3) lack of a plain, speedy and adequate remedy other than certiorari." Lee v. Lee, 2000 MT 67, ¶ 23, 299 Mont. 78, 996 P.2d 389. Supervisory control is an extraordinary remedy that is sometimes justified when (1) urgency or emergency factors exist making the normal appeal process inadequate, (2) the case involves purely legal questions, and (3) in a civil case, either the other court is proceeding under a mistake of law causing a gross injustice, or constitutional issues of state-wide importance are involved. M. R. App. P. 14(3).

         Joseph fails to even acknowledge, much less substantively address, the mandatory requirements for issuance of either a writ of certiorari or a writ of supervisory control, "Parties must present a reasoned argument to advance their positions, supported by citations to appropriate authority. M. R. App. P. 12(1)(t). When a party fails to do so, our caselaw is well-settled. We will not consider unsupported issues or arguments." Griffith v. Butte Sch. Dist No. 7, 2010 MT 246, ¶ 42, 358 Mont. 193, 244 P.3d 321, citing In re Marriage of McMahon, 2002 MT 198, P 6, 311 Mont. 175, 53 P.3d 1266. "It is not this Court's job to conduct legal research on [a party's] behalf, to guess as to [a party's] precise position, or to develop legal analysis that may lend support to that position." Johansen v. Dept. of Nat. Resources & Conservation, 1998 MT 51, ¶ 24, 288 Mont. 39, 955 P.2d 653 (citations omitted).

         The Standing Master's contempt citation was issued on July 6, 2017. It held that Joseph had violated a previous order of the Court by failing to pay child support; failing to provide health insurance; failing to pay past spousal support as ordered; failing to pay past attorney fees; failing to revise 2012 tax returns and pay tax liabilities; and failing to make monthly bankruptcy payments to Lisa. The citation ordered, among other things, that Lisa shall have a judgment against Joseph in the amount of $75, 234.56; that Joseph's income is subject to immediate income withholding under § 40-5-303, MCA; and that Joseph shall serve 6 days in the county jail. Section 3-5-126(2), MCA, provides:

Within 10 days after being served with notice of the filing of the findings and conclusions or order, any party may serve written specific objections upon the other parties or may apply to the court for an extension to serve. Application to the court for action upon the findings and conclusions or order and upon the filing of specific objections to the findings and conclusions or order must be by motion and upon notice as prescribed in Rule 6(c) of the Montana Rules of Civil Procedure. The court, after a hearing, may adopt the findings and conclusions or order and may modify, reject in whole or in part, receive further evidence, or recommit the findings and conclusions or order with instructions.

         After the contempt citation was issued, Joseph took no action for over six months, until he petitioned this Court for a writ on January 16, 2018. As the District Court correctly points out in its response, had Joseph followed proper procedures, he could have appealed the contempt order. Section 3-1-523(2), MCA.

         Joseph has failed to establish that he lacked either the right to appeal, or a plain, speedy and adequate remedy other than certiorari. Thus, he is not entitled to a writ of certiorari. Similarly, Joseph has failed to establish that urgency or emergency factors exist making the normal appeal process inadequate. Thus, he has failed to establish that he is entitled to the extraordinary remedy of supervisory control.

         Therefore, IT IS ORDERED that the petition for a writ of certiorari or, in the alternative, a writ of supervisory control is DENIED and DISMISSED.

         The Clerk is directed to provide copies of this Order to counsel for Petitioner Joseph W. Taylor, counsel for Lisa Taylor, Standing Master Magdalena C. Bowen, and 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.