Gina M. Lyon v. Mountain Pacific General, Inc.

Lyon, 2013 MT 288N (Supreme Court of the State of Montana 2013) · Supreme Court of the State of Montana · October 1, 2013 · No. DA 13-0016

Summary

The Montana Supreme Court affirmed a district court order directing distribution of $132,000 held in a dissolution proceeding to satisfy a judgment against Mountain Pacific General, Inc. The court upheld the determination that the corporation was Jeffrey Lyon’s alter ego and rejected Gina Lyon’s cross-appeal seeking attorneys’ fees and costs under Montana Rule of Civil Procedure 11. The court issued the decision as a noncitable memorandum opinion.

Holdings

  1. The district court did not manifestly abuse its discretion by directing the clerk to distribute the $132,000 held in the dissolution proceeding to Lyon to satisfy the judgment entered in the separate alter-ego action.
  2. The district court properly denied Lyon's motion for attorneys' fees and costs under Montana Rule of Civil Procedure 11.

Questions Presented

  1. Whether the district court had authority to direct distribution of $132,000 held in the dissolution proceeding to satisfy a judgment entered against Mountain Pacific General, Inc. in a separate alter-ego action.
  2. Whether the district court properly denied Lyon's motion for attorneys' fees and costs under Montana Rule of Civil Procedure 11.

Disposition

affirmed

Cases Cited (3)

  • Lyon v. Stadler, No. OP 11-0752 (Feb. 14, 2012)(followed)
  • Mont. Cannabis Indus. Ass'n v. State, 2012 MT 201, ¶ 12, 366 Mont. 224, 286 P.3d 1161(followed)
  • Morin v. State Farm Mut. Auto. Ins. Co., 2013 MT 146, ¶ 33, 370 Mont. 305, 302 P.3d 96(followed)

Cited In (0)

No citing cases on record yet.

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