Hewitt v. Ryan

356 N.W.2d 230, 1984 Iowa Sup. LEXIS 1262
CourtSupreme Court of Iowa
DecidedOctober 17, 1984
Docket83-739
StatusPublished
Cited by10 cases

This text of 356 N.W.2d 230 (Hewitt v. Ryan) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hewitt v. Ryan, 356 N.W.2d 230, 1984 Iowa Sup. LEXIS 1262 (iowa 1984).

Opinion

McCORMICK, Justice.

We granted review of a court of appeals decision conditionally sustaining a petition for writ of mandamus. Plaintiff Donald J. Hewitt requested the writ in an original action in this court, alleging that defendant Judge Rodney J. Ryan should be prohibited from conducting proceedings in the district court for valuing an interest in stock awarded to Donald’s former wife in a dissolution action. We transferred the mandamus action to the court of appeals. In previously deciding an appeal in the dissolution case, the court of appeals had found that a valuation of the stock was unnecessary. Because defendant has not shown that the court of appeals committed legal error or abused its discretion in conditionally issuing the writ to ensure compliance with its earlier decision, we affirm in the present case.

Donald and Carol Hewitt were granted a dissolution of marriage by Judge Ryan on August 5, 1980. Among the assets of the parties were 45 shares of Stoner Development Company stock owned by Donald. The corporation is closely held and the stock has no ready market. The stock is subject to an obligation of the corporation to repurchase upon Donald’s termination of employment or death and an option to repurchase if Donald should seek to transfer or encumber it.

Judge Ryan’s dissolution decree provided that the stock “be held in trust by [Donald] for the benefit of [Carol] for future determination of the value of said stock upon its availability to or distribution to [Donald] or his estate, at which time [Carol’s] interest in said stock shall be determined.” The court reserved jurisdiction for such subsequent determination and ordered Donald not to transfer or encumber the stock without court approval. Upon Donald’s appeal *232 from the decree, this court transferred the case to the court of appeals, which in a decision filed in June 1981 modified the decree. In addressing a contention by Donald that the stock should be valued immediately and distributed entirely to him, the court of appeals said:

It is unnecessary that we determine the value of Donald’s stock interest because, whatever its value, Carol is entitled to one-half of it. Therefore, we vacate the trial court’s order that Donald hold the stock in trust for Carol’s benefit, and award Carol a one-half interest in the stock now owned by Donald.

Procedendo issued, and the next relevant event was the filing by Carol of an application with the district court on March 3, 1983, twenty months after the court of appeals decision, asking “for relief and for oral hearing.”

In her application Carol alleged she had not received her one-half interest in Donald’s Stoner Development Company stock. She asserted that she was entitled from Donald to one-half the August 1980 or March 1983 value of the stock, whichever was greater, and requested the court to determine the stock’s value in accordance with one of several suggested alternative procedures. In his answer Donald alleged that Carol received a one-half interest in the stock through the court of appeals modification of the decree and that her application for valuation of the stock constituted an attempt to modify the court of appeals decision.

At the hearing on her application, Carol argued that the court of appeals could not have intended that she receive only an interest in the stock without the right to have the stock valued and to be paid one-half that value by Donald. She contended that her interest in the stock would otherwise be worthless. Donald argued that Carol was seeking to modify the property award of the court of appeals and that the district court lacked authority to grant the relief she requested. Judge Ryan announced he would determine the value of the stock. By oral directive, he gave the parties one week within which to submit proposals concerning the method of valuation.

Donald immediately filed a petition with this court for a writ of mandamus to require Judge Ryan to vacate his order for valuation of the stock and to preclude him from attempting further to interfere with the court of appeals decision. This court granted the writ and transferred the mandamus action to the court of appeals.

In its mandamus decision the court of appeals said it did not intend by its prior opinion that Donald be required to purchase Carol’s one-half interest in the stock. Instead, Carol was to receive one-half of the 45 shares of stock owned by Donald. If the corporation elected to exercise its option to purchase the stock or a portion of it, the court said Carol was to receive her share of the proceeds. The court of appeals thus agreed with Donald that the prior decision gave the district court no authority to value the stock in implementing the decree. Issuance of a formal writ of mandamus was withheld for 30 days to allow the district court to withdraw its order. We then granted Judge Ryan’s application for review of the court of appeals decision.

Judge Ryan does not now question the meaning of the initial court of appeals decision. He acknowledges Carol is not entitled to a district court valuation of the stock or to have Donald purchase her interest. He contends, nevertheless, that the court of appeals erred in finding this to be a proper case for issuance of a writ of mandamus. Even though the merits of the case are now moot, we will address the mandamus question because of its public importance. See Beam v. Iowa Employment Security Commission, 264 N.W.2d 742, 745 (Iowa 1978).

Authority for the court of appeals to issue a writ of mandamus arises from Iowa Code section 661.4 (1983), which provides in material part that a mandamus order may be issued “by the supreme court or the court of appeals to any inferior court, if necessary, and in any other case *233 where it is found necessary for either of those courts to exercise its legitimate power.” The court of appeals is a statutory court with exclusively appellate jurisdiction. It does not have the supervisory and administrative responsibilities of the supreme court. Its power to issue mandamus orders thus is limited to situations where issuance is necessary for the court to protect or preserve its appellate authority. See Iowa R.App.P. 22(b). The corresponding power of the supreme court to issue mandamus orders is discussed in State ex rel. O’Connor v. District Court in and for Shelby County, 219 Iowa 1165, 1175, 260 N.W. 73, 78 (1935), and Westbrook v. Wicks, 36 Iowa 382, 383 (1873).

The present case is unusual because this court is sitting in review of an order for mandamus by the court of appeals relating to a decision of that court in an original action. The case is therefore unlike an ordinary further review proceeding where we independently review a decision of the district court. The question for the court of appeals was whether the order was necessary to assist that court in the exercise of its legitimate power. The decision to issue the writ involved an exercise of discretion. See Baird v. City of Webster City, 256 Iowa 1097, 1114, 130 N.W.2d 432, 442 (1964). As a result, our review of the decision is for error of law or abuse of discretion.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
356 N.W.2d 230, 1984 Iowa Sup. LEXIS 1262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewitt-v-ryan-iowa-1984.