Case v. Case

516 N.W.2d 570, 1994 Minn. App. LEXIS 471, 1994 WL 199803
CourtCourt of Appeals of Minnesota
DecidedMay 24, 1994
DocketC1-93-2288
StatusPublished
Cited by5 cases

This text of 516 N.W.2d 570 (Case v. Case) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Case v. Case, 516 N.W.2d 570, 1994 Minn. App. LEXIS 471, 1994 WL 199803 (Mich. Ct. App. 1994).

Opinion

OPINION

NORTON, Judge.

Appellant contends the district court abused its discretion when it did not require respondent, under the parties’ dissolution decree, to pay one-half of the private investigator’s fees spent to locate their runaway daughter. The definition of “medical expenses” is not so broad so as to extend to these expenses. We affirm.

FACTS

Upon dissolution, respondent Roger Case received custody of the parties’ eldest daughter,- J.C. After a year, J.C. requested a transfer of custody to appellant Patricia Case, who already had custody of the parties’ younger daughter.

During her freshman year of high school, J.C. began exhibiting behavioral problems at school and at home. In September 1991, *572 J.C. ran away from home. The police found her in Minneapolis and took her to the Bridge, a shelter for runaways. J.C. remained there for approximately five days. Three weeks later, J.C. ran away again. Although J.C. met with appellant and a counselor at the Bridge, she refused to go home and abide by appellant’s house rules. When J.C. left the Bridge that day, she ceased contact with appellant.

During the next two weeks, appellant worked with school counselors, a Bridge counselor, Lutheran Social Services, and the Park Nicollet Medical Center Mental Health Department. Appellant states that the counselors concluded that J.C. was depressed and her safety and welfare were in jeopardy. Up until this point, appellant had not informed respondent that J.C. had run away. One of the Minnetonka High School counselors informed respondent that J.C. was missing.

Although J.C. never contacted her parents, she did call two friends from school and tell them about prostitution, parties in the warehouse district in Minneapolis, and the use of crack and marijuana. After hearing about these conversations, a Bridge counselor suggested that appellant hire a private detective to find J.C. They were concerned that J.C. was in great danger. Appellant hired Veins Investigation to search for J.C. Appellant made this decision without consulting respondent. The record does not contain specific details about what the private detective did, but he located J.C. the next day. The investigator charged appellant $1,219.48 for his services.

Under the dissolution decree, respondent pays 65% of uninsured medical expenses and appellant pays 35%. Contending that the investigation fee was a “medical expense,” appellant approached respondent about splitting the cost 50-50. When he refused, she brought this motion in family court.

The referee ordered respondent to pay 50% of the fees. Upon review, the district court found the referee’s order regarding reimbursement of fees to be unsupported by the law and the evidence. The district court also found that the record lacked any evidence to support the referee’s award of attorney fees to appellant. Thus, the district court reversed the referee and denied appellant’s motion for reimbursement and attorney fees.

ISSUES

1. Did the district court err when it concluded that a private investigator’s fees for finding the parties’ daughter did not constitute “medical expenses” which the parties agreed to share in the dissolution decree?

2. Did the district court abuse its discretion in denying appellant’s motion for attorney fees?

3. Is respondent entitled to costs, disbursements, and attorney fees on appeal?

ANALYSIS

1. Medical Expenses

Appellant contends the private investigator’s fee was necessary to protect the health and welfare of J.C. and, thus, was a “medical expense” which respondent should share. We cannot agree.

The parties’ dissolution decree provides: On all matters of importance relating to the health, welfare or education of the minor children, the parties shall confer with a view toward a mutually acceptable determination of the issue. By way of example, but not limited to, the following:
(1) In the event of the illness of or injury to a minor child of the parties, the party first learning of such illness or injury shall notify the other party immediately.
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(3) Each party shall promptly inform and consult with the other in the event of any serious medical problem with a minor child of the parties.

When the referee considered this case, she defined the term “medical” to include:

Orthodontia, psychological, eye care, all physical and emotional-related expenses and other such services as recommended by the providers of services to the minor children.

The referee set out this definition for purposes of considering appellant’s motion for *573 other medical expenses in addition to her request for reimbursement of the private investigation fees. The referee found:

[Appellant’s] Affidavit describes in detail the efforts she made to find the child prior to taking the step to incur an expense to locate her. Under the circumstances, [appellant] acted in good faith in a frightening emergency. Whether or not [appellant] notified [respondent] prior to hiring the detective is not as important as the fact that she believed it was necessary to protect the child’s safety. It is the custodial parent’s obligation to take reasonable steps to insure a child’s safety and welfare. Based upon the circumstances, it is reasonable for [respondent] to contribute to this expense.

These recommended findings are advisory only; the family court judge bears the ultimate responsibility to make an “informed and independent decision.” Gustafson v. Gustafson, 396 N.W.2d 911, 914 (Minn.App.1986) (quoting Peterson v. Peterson, 308 Minn. 297, 304, 242 N.W.2d 88, 93 (1976)), pet. for rev. denied (Minn. Jan. 21, 1987). The appellate court is bound to the district court’s findings of fact and will reverse only if the findings are clearly erroneous. Warwick v. Warwick, 438 N.W.2d 673, 676 (Minn.App.1989); Minn.R.Civ.P. 62.01.

Upon independent review of this case, the district court determined that the referee’s finding

is not supported by law or the evidence to the extent that it finds that Respondent should be compelled to pay a portion of the expense that [Appellant] incurred to hire a private detective to locate the parties’ minor child [J.C.].

We agree with the district court’s analysis. The referee’s broad definition of medical expenses is based neither upon the parties’ agreement nor the statute that defines medical expenses in dissolutions. See Minn.Stat. § 518.171, subd. 1(c) (Supp.1993).

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Bluebook (online)
516 N.W.2d 570, 1994 Minn. App. LEXIS 471, 1994 WL 199803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/case-v-case-minnctapp-1994.