Summary
Aaron Larson appealed a Montana district court order denying his motion to lift a permanent order of protection. The Montana Supreme Court held that Larson failed to present a cogent appellate argument but independently reviewed the order and found no reversible error. The court affirmed in a noncitable memorandum opinion.
Topics
Practice areas
Questions Presented
- Whether the District Court committed reversible error by denying Larson's motion to lift the permanent order of protection.
- Whether Larson's opening brief presented a sufficiently developed and supported appellate argument for review.
Holdings
- An appellate court will not consider unsupported issues or arguments when the appellant fails to present a cogent argument, cite legal authority, or refer to the record.
- The District Court's denial of Larson's motion to lift the permanent order of protection contained no reversible error.
Key quotations
“This Court will not consider unsupported issues or arguments. Furthermore, it is not this Court's obligation to research a party's position or to develop legal analysis to support it.” (¶ 4)
“Notwithstanding Aaron's failure to present an argument and the general inadvisability of a permanent order of protection, we have reviewed the District Court's May 2018 Order and find no reversible error.” (¶ 6)
Factual background
Aaron Larson and Marla had previously been married and divorced. A permanent order of protection entered on March 24, 2006, prohibited Larson from having any contact with Marla. Larson later moved to lift the order, but the District Court denied his motion after a hearing on October 19, 2017.
Procedural history
Aaron Larson, who was subject to a permanent order of protection preventing contact with his former spouse, moved the Yellowstone County District Court to lift the order. After a hearing, the District Court denied the motion in its May 9, 2018 Findings of Fact, Conclusions of Law, and Order Denying Respondent's Motion to Lift Restraining Order. Larson appealed, and the Montana Supreme Court affirmed.