Opinion
DA 23-0556
11-21-2023
IN RE THE MARRIAGE OF: DAWN TAYLOR, Petitioner and Appellant, v. JOHN TAYLOR, Respondent and Appellee.
ORDER
On October 31, 2023, Appellee John Taylor moved to dismiss this appeal on the basis that the subject order on appeal is not an appealable order. On November 9, 2023, Appellant Dawn Taylor requested an additional 30 days in which to respond to the motion to dismiss and further requested that her response not be due until after the transcripts are filed. John objected to the motion for extension of time on November 13, 2023.
Dawn has appealed from the August 22,2023 Findings of Fact, Conclusions of Law, and Order and the September 7, 2023 Order Regarding Attorney's Fees and Costs from Cause No. DR-19-53 in the Sixth Judicial District Court, Park County. John asserts that this Court should dismiss the appeal because the order at issue is a nonappealable contempt order.
Dawn also appealed from the underlying District Court order amending the parenting plan in this matter. Marriage of Taylor, No. DA 22-0627, 2023 MT 189N, 2023 Mont. LEXIS 995 (remittitur issued Oct. 26, 2023).
Under § 3-1-523(1), MCA, contempt orders are final, conclusive, and not subject to appeal. See also M. R. App. P. 6(5)(e). An exception exists for contempt orders in family law proceedings, but only when the judgment or order appealed from includes an ancillary order that affects the substantial rights of the parties involved. Section 3-1-523(2), MCA; M. R. App. P. 6(3)(j).
We have reviewed the orders from which Dawn has appealed. As John alleges in his motion to dismiss, the orders are a contempt order and an order granting associated attorney fees. Neither order affects the substantial rights of the parties and as such, they are not appealable. Grounds v. Coward, 2000 MT 128, 300 Mont. 1, 2 P.3d 822.
IT IS THEREFORE ORDERED that the motion to dismiss this appeal is GRANTED, and this appeal is DISMISSED with prejudice.
IT IS FURTHER ORDERED that Appellant's motion for extension of time is DENIED as MOOT.
The Clerk is directed to provide copies of this Order to all counsel of record and to appointed mediator Dana Charles Christian.