Marriage of Krantz ( 2020 )

ta 11,401SIT CrTo4„t'„4AL 08/25/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 20-0363 DA 20-0363 IN RE THE MARRIAGE OF: FILED DIANE KRANTZ, AUG 2 5 2020 Bowan Greenwood Clerk of Supreme Court Petitioner and Appellee, State of Montana ORDER and KEITH KRANTZ, Respondent and Appellant. Appellant Keith Krantz a/k/a Kieth Krantz moved pursuant to M. R. App. P. 22(2)(a) for relief from an Order of the Twentieth Judicial District Court, Lake County, denying his motion to stay that court's July 20, 2020 Order Modifying Maintenance in Cause No. DR-17-76, until this Court resolves the present appeal. Krantz alleges that if the judgment is not stayed until this appeal is resolved, he will suffer irreparable economic harm even if he ultimately prevails on appeal because he will be forced to make maintenance payments to his ex-wife, Appellee Diane Krantz, which he alleges he cannot afford. Diane objects to Keith's motion for stay, arguing this Court should allow the District Court's denial of stay to stand. At issue is the District Court's July 20, 2020 Order Modifying Maintenance, in which it ordered Keith to pay Diane monthly maintenance payments because she was no longer receiving equalization payments to which she was entitled under a dissolution decree because Keith had filed for bankruptcy. Keith moved to stay the judgment under M. R. App. P. 22(a). On August 7, 2020, the District Court issued an Order Denying Motion to Stay the Order Modifying Maintenance, and on Related Motions, in which it ordered, in part, that Keith make maintenance payments to Diane in compliance with the court's Order Modifying Maintenance during the pendency of this appeal. M.R. App.P. 22(2)(a) provides that a motion for relief under this Rule must, among other factors, demonstrate good cause for the relief requested. M.R. App. P. 22(3)allows this Court, in the interests ofjustice, to grant, modify, or deny the relief requested. Here, we are not convinced that the interests ofjustice require overturning the decision of the District Court, nor has Keith demonstrated good cause. Therefore, IT IS ORDERED that the M.R. App. P. 22(2)(a) motion of Appellant Keith Krantz for relieffrom the District Court's order is DENIED. The Clerk is directed to provide copies ofthis order to all counsel of record. DATED this Z.b day of August, 2020. Justices 2