Marriage of Okland

06/27/2023
DA 22-0521
Case Number: DA 22-0521
IN THE SUPREME COURT OF THE STATE OF MONTANA
2023 MT 127NIN RE THE MARRIAGE OF:
ANDREA OKLAND,
Petitioner and Appellant,
and
CHRISTOPHER OKLAND,
Respondent and Appellee.
APPEAL FROM: District Court of the Twentieth Judicial District,
In and For the County of Lake, Cause No. DR-20-42
Honorable Molly Owen, Presiding Judge
COUNSEL OF RECORD:
For Appellant:
Andrea Okland, Self-represented, Polson, Montana
For Appellee:
Paula M. Johnson-Gilchrist, Johnson-Gilchrist Law Firm, PC, Whitefish,
Montana
Submitted on Briefs: June 7, 2023
Decided: June 27, 2023
Filed:
ir,-6%--•f
__________________________________________
Clerk
Justice Ingrid Gustafson delivered the Opinion of the Court.
¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 In her Notice of Appeal, Petitioner and Appellant Andrea Okland (Andrea) appeals
from the “final judgment or order entered . . . on the 10th day of August, 2022[.]” The only
order issued on that date was the Order on Rule 52 and Rule 59(e) Motions, which followed
a series of dispositive orders in this case, including the April 22, 2021 Order on Petitioner’s
Motions to Withdraw from Mediation Agreement, and Motion to Amend Final Parenting
Plan; the May 24, 2022 Findings of Fact, Conclusions of Law, and Decree of Dissolution;
and the July 15, 2022 Order Correcting Clerical Error in Findings of Fact, Conclusions of
Law, and Decree of Dissolution, all issued by the Eleventh Judicial District Court, Flathead
County. We affirm.
¶3 In dissolving their marriage, the parties—Christopher Okland (Christopher) and
Andrea—have had protracted disagreements regarding distribution of their assets and
debts, maintenance, and parenting plan issues. Andrea filed a dissolution petition on
May 19, 2020. The parties together with their attorneys met and successfully reached an
interim stipulated parenting plan which was filed with and adopted by the District Court
on June 17, 2020. The interim plan remained in place until the parties reached a Stipulated
2
Final Parenting Plan (SFPP) at mediation, conducted via Zoom video, on October 29, 2020.
Andrea unsuccessfully tried to set aside or withdraw from the SFPP, and now appeals not
the terms or provisions of the SFPP but on the grounds that the court permitted mediation
to occur when Andrea had made prior allegations of abuse.1 Trial was ultimately held and
the District Court issued its May 24, 2022 Findings of Fact, Conclusions of Law, and
Decree of Dissolution. Christopher then filed a Rule 60(a) Motion to Correct Clerical
Error, to which Andrea agreed in part, and the District Court issued its July 15, 2022 Order
Correcting Clerical Error in Findings of Fact, Conclusions of Law, and Decree. Andrea
then filed her Rule 52 motion to amend findings and judgment and her Rule 59 motion to
amend judgment, both of which were opposed by Christopher. On August 10, 2022, the
1
Andrea did not object to the mediation and voluntarily participated in it. Neither she nor her
three prior attorneys raised any issue with the mediation prior to or at the time of the mediation.
Instead, while acting pro se after she entered into the SFPP, she sought to withdraw from the
agreement, and after Andrea obtained new counsel, counsel filed a motion to amend the parenting
plan. A week later, this new counsel sought to withdraw from representing Andrea. In its April 22,
2021 Order on Petitioner’s Motions to Withdraw from Mediation Agreement denying withdrawal
from the agreement or amendment of the parenting plan, the District Court noted that at the time
of the mediation there was no evidence of spousal abuse, only tangential allegations of “alleged
intimidation of Andrea’s relatives on one holiday occasion.” The court also found there to be “no
credible evidence, acquired since the mediation, that Christopher abused Andrea within the
meaning of [§ 40-4-301(2), MCA.]” Andrea has not specifically appealed this April 22, 2021
Order.
3
District Court issued its Order on Rule 52 and 59 Motions, further correcting and clarifying
its prior findings of fact.2 Andrea appeals, asserting a laundry list of issues.3
¶4 The distribution of marital property in a dissolution proceeding is governed
by § 40-4-202, MCA, under which a trial court is vested with broad discretion
to distribute the marital property in a manner that is equitable to both parties.
When dividing marital property, the trial court must reach an equitable
distribution, not necessarily an equal distribution. The district court’s
apportionment of the marital estate will stand unless there has been a clear
abuse of discretion as manifested by a substantially inequitable division of
the marital assets resulting in substantial injustice.
In re Marriage of Paschen, 2015 MT 350, ¶ 16, 382 Mont. 34, 363 P.3d 444 (citing
Richards v. Trusler, 2015 MT 314, ¶ 11, 381 Mont. 357, 360 P.3d 1126). We review a
2
In that Order, with regard to Rule 52 issues, the court clarified that Andrea was represented by
counsel—although following withdrawal of her third attorney she had been pro se, at the time of
trial she was represented by counsel; corrected Finding 8 to restore Andrea to her former name;
clarified Finding 38 to more specifically describe the joint debts that must be paid off; and
corrected a typo in Finding 39 to clarify that “he”—Christopher—rather than “she”—Andrea—
did not know that Andrea made charges on a credit card. The District Court denied the remaining
Rule 52 allegations. Regarding the Rule 59 issues, the court amended Findings 31.A, 31.B, and
31.C to clarify the court’s intent in referencing Social Security benefits was not to divide them,
but rather to consider them as another factor in determining the overall economic circumstances
of the parties. The court denied the remaining Rule 59 allegations.
3
Using a shotgun approach, Andrea asserts the following appeal issues: Whether the District Court
was clearly erroneous and abused its discretion (1) in the adoption of the Stipulated Final Parenting
Plan; (2) to include anticipated future Social Security benefits as part of the marital estate; (3) to
exclude Christopher’s ownership interest in Okland, Inc. and Okland Family Partnership from the
marital estate; (4) to fail to evaluate the weight and credibility of Andrea and her expert witness;
(5) to “split the difference” between two possible values of the marital home; (6) to misconstrue
James Whaley’s testimony and written valuation of Okland, Inc. and Okland Family Partnership;
(7) to include Andrea’s inherited coin collection as part of the marital estate; (8) to twice deduct
from Christopher’s share of the marital estate amounts he allegedly paid from inherited funds
during the marriage; (9) to fail to value various marital assets as of the day of dissolution; (10) to
make no finding of fact regarding Andrea’s testimony; (11) to make findings of fact from
Christopher’s testimony without requiring documentary evidence to support such; and (12) to
adopt nearly verbatim Christopher’s proposed findings of fact and conclusions of law.
4
district court’s findings of fact to determine whether they are clearly erroneous. In re
Marriage of Kesler, 2018 MT 231, ¶ 15, 392 Mont. 540, 427 P.3d 77. We review
conclusions of law to determine if they are correct. In re Marriage of Kesler, ¶ 15. We
review findings of fact pertaining to a parenting plan to determine whether they are clearly
erroneous. In re Marriage of Anderson, 2014 MT 111, ¶ 11, 374 Mont. 526, 323 P.3d 895.
“‘Trial courts have broad discretion when considering the parenting of a child,’ and we
will not disturb the court’s decision absent a clear abuse of that discretion.” In re Parenting
of M.C., 2015 MT 57, ¶ 10, 378 Mont. 305, 343 P.3d 569.
¶5 At the core of Andrea’s appeal, she desires that we reweigh witness credibility,
reweigh the evidence presented, and substitute her assessment of such to reach a different
outcome. We decline to do so. On appeal, it is not our function to reweigh conflicting
evidence or substitute our evaluation of the evidence for that of the district court. In re
Marriage of Paschen, ¶ 42. The trial court is in the best position to resolve conflicting
testimony and to evaluate witness credibility with the benefit of live testimony, to become
familiar with the details of the case, and to weigh the value of the evidence presented. In
re Marriage of Paschen, ¶ 42. Upon our review of the record, we find no error by the
District Court. The District Court set forth detailed findings of fact which the court further
corrected and clarified in its July 15, 2022 Order Correcting Clerical Error in Findings of
Fact, Conclusions of Law, and Decree of Dissolution and in its August 10, 2022 Order on
Rule 52 and 59(e) Motions. The evidence of record supports the detailed findings and
corrections and clarifications made by the District Court. The court thoroughly and
5
conscientiously considered the law of the case as well as the law relating to equitable
distribution of marital property. The District Court appropriately followed Montana’s
statutes and well-settled precedent in its application of the facts to the law. See generally
Title 40, chapter 4, MCA; see also, e.g., In re Marriage of Funk, 2012 MT 14, 363 Mont.
352, 270 P.3d 39. Thus, we conclude the District Court equitably apportioned the marital
estate between the parties, appropriately adopted the SFPP, that its findings of fact were
not clearly erroneous, and its conclusions of law were correct.
¶6 We have determined to decide this case pursuant to Section I, Paragraph 3(c) of our
Internal Operating Rules, which provides for memorandum opinions. In the opinion of the
Court, the case presents a question controlled by settled law or by the clear application of
applicable standards of review.
¶7 Affirmed.
/S/ INGRID GUSTAFSON
We concur:
/S/ MIKE McGRATH
/S/ BETH BAKER
/S/ DIRK M. SANDEFUR
/S/ JIM RICE
6