Gordon v. Gordon

2006 MT 222N (2006) · Supreme Court of the State of Montana · September 6, 2006 · No. DA 06-0070

Summary

The Montana Supreme Court reviewed an appeal from a marital dissolution judgment involving the division of the parties' marital estate and liabilities. The court held that substantial evidence supported the District Court's findings, the legal issues were controlled by settled Montana law, and there was no abuse of discretion. The judgment was affirmed in a noncitable memorandum decision.

Holdings

  1. A district court may adopt a prevailing party's proposed findings and conclusions when the findings are sufficiently comprehensive and pertinent to the issues and supported by the evidence.
  2. The District Court did not abuse its discretion in determining, valuing, and distributing the marital estate because substantial evidence supported its findings and the distribution was not arbitrary or unreasonable.

Questions Presented

  1. Whether the District Court improperly adopted Tammy's amended proposed findings of fact and conclusions of law.
  2. Whether substantial evidence supported the District Court's findings and whether the court misapprehended the evidence or made material factual errors.
  3. Whether the District Court abused its discretion in determining the marital estate, valuing the property and liabilities, and distributing the marital estate.

Disposition

affirmed

Cases Cited (4)

  • Hurley v. Hurley, 222 Mont. 287, 296, 721 P.2d 1279, 1285 (1986)(followed)
  • Collins v. Collins, 2004 MT 365, ¶ 16, 324 Mont. 500, ¶ 16, 104 P.3d 1059, ¶ 16(followed)
  • In re Marriage of Bee, 2002 MT 49, ¶ 34, 309 Mont. 34, ¶ 34, 43 P.3d 903, ¶ 34(followed)
  • In re Marriage of Harkin, 2000 MT 105, ¶ 31, 299 Mont. 298, ¶ 31, 999 P.2d 969, ¶ 31(followed)

Cited In (0)

No citing cases on record yet.

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