Guill v. Guill

2013 MT 262N (2013) · Supreme Court of the State of Montana · September 10, 2013 · No. DA 12-0772

Summary

The Montana Supreme Court affirmed judgments awarding real property to Candace Kathleen Guill to satisfy her share of the marital estate and a separate judgment for lost personal property. The court held that the District Court did not abuse its discretion in enforcing the dissolution decree and related judgment. The opinion is a noncitable memorandum opinion under the Montana Supreme Court Internal Operating Rules.

Holdings

  1. The District Court did not abuse its discretion or exceed its jurisdiction by awarding real property to Candace to satisfy the terms of the 2007 dissolution decree and the separate October 5, 2012 judgment.

Questions Presented

  1. Whether the District Court lacked jurisdiction to order the return or replacement of personal property removed from marital real property because doing so improperly modified the dissolution decree.
  2. Whether the District Court lacked jurisdiction to order transfer of additional Clark Fork, Idaho real property to satisfy the $104,552 judgment for lost personal property.

Disposition

affirmed

Cases Cited (2)

  • Guill v. Guill, 2008 MT 279N, 346 Mont. 546, 210 P.3d 701(followed)
  • Bock v. Smith, 2005 MT 40, ¶ 14, 326 Mont. 123, 107 P.3d 488(followed)

Cited In (0)

No citing cases on record yet.

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