IN RE THE MARRIAGE OF: KAYLE JO HARDMAN, f/k/a KAYLE JO MOORE, Petitioner, Appellant, and Cross-Appellee, and SHANNON M. MOORE, Respondent, Appellee, and Cross-Appellant.
Submitted on Briefs: May 29, 2019
FROM: District Court of the Eleventh Judicial District, In
and For the County of Flathead, Cause No. DR-13-672(A)
Honorable Amy Eddy, Presiding Judge
Appellant: Marybeth Sampsel, Measure Law, P.C., Kalispell,
Appellee Peter F. Carroll, Attorney at Law, Kalispell,
Petitioner/Appellant/Cross-Appellee Kayle Jo Hardman, f/k/a
Kayle Jo Moore (Kayle) and
Respondent/Appellee/Cross-Appellant Shannon Moore (Shannon)
cross-appeal the Combined Order on Motion for Lien and
Counter Motion to Vacate the Decree of Dissolution issued by
the Montana Eleventh Judicial District Court, Flathead
County, on July 2, 2018.
We restate the issues on appeal as follows:
1. Did the District Court have jurisdiction to
divide any portion of the proceeds from Shannon's
California personal injury lawsuit?
2. Did the District Court err when it denied
Kayle's request for half of the proceeds from
Shannon's California personal injury lawsuit?
AND PROCEDURAL BACKGROUND
In 2005, Kayle and Shannon married in California. In 2011,
Shannon and a co-worker were injured while working alongside
a road in Humboldt County, California, at a jobsite
supervised by the California Department of Transportation
(Caltrans). After the accident, Shannon and his co-worker
filed a lawsuit against Caltrans. In 2013, the parties
separated and Kayle moved to Montana. After living in Montana
for 100 days, Kayle filed a Petition for Dissolution
(Petition) on September 25, 2013. Attached to the Petition,
as Exhibit A, is a document which states, in full:
A lawsuit is pending in the State of California, due to an on
the job accident involving the Respondent in August 2011. The
accident left the Respondent with a disability of Post
Traumatic Stress Disorder (P.T.S.D). A settlement is expected
in favor of the Respondent.
The Petitioner request all debts of the parties will be paid
off with the proceeds of the settlement. This includes
personal loans from Patti Hardman, Quita Moore, Judy Moore,
Ed and Carolyn Gellner and the American Express credit card.
All of which were used to help with living expenses after the
[Respondent's] disability took place. Petitioner ...