Marriage of Hughes v. Hughley

569 N.W.2d 534, 1997 Minn. App. LEXIS 1120, 1997 WL 613062
CourtCourt of Appeals of Minnesota
DecidedOctober 7, 1997
DocketC1-97-372
StatusPublished
Cited by1 cases

This text of 569 N.W.2d 534 (Marriage of Hughes v. Hughley) 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
Marriage of Hughes v. Hughley, 569 N.W.2d 534, 1997 Minn. App. LEXIS 1120, 1997 WL 613062 (Mich. Ct. App. 1997).

Opinion

OPINION

SCHUMACHER, Judge.

Lisa S. Hughes appeals from an order awarding respondent Gregory G. Hughley damages and terminating the portion of his maintenance obligation requiring him to pay her health insurance premiums. She argues the district court failed to make appropriate findings to support the order. We reverse and remand.

*535 FACTS

Hughes and Hughley were divorced on July 21, 1994. At the time of the divorce, Hughes was disabled and required frequent medical treatment. Both had health insurance through Hughley’s membership in the United Food and Commercial Workers Union (union plan).

The divorce was based on the parties’ stipulated Marital Termination Agreement that was incorporated into the judgment and decree. The decree contained a provision on health insurance that required Hughley to pay, as spousal maintenance, Hughes’s

continuation or conversion coverage on [Hughley’s] employer’s or union’s medical and hospitalization insurance policy now in force. [Hughley] shall be obligated for the payment of any and all premiums relating to said coverage * * *.

The provision provided that at the end of the continuation period, Hughes must be allowed to enroll in an individual conversion plan, and that Hughley was required to cooperate in obtaining conversion coverage for Hughes and to pay the conversion plan’s premium. The provision also required that

[i]t shall be [Hughes’s] responsibility to notify the health insurance provider that the parties are now divorced, and that [Hughes] seeks continuation coverage.

Finally, the provision provided that

[t]he medical and hospitalization insurance shall be maintained at the present level of coverage and deductible amount. In the event that either party wishes to change the type of insurance, the change will be discussed with the other party and agreed upon prior to any change.

On September 19, 1994, the union notified Hughes that she did not qualify for continuation coverage under the union plan. Hughes immediately obtained private insurance known as Medica SeniorCare Plus to replace the cancelled union insurance.

Hughley paid Hughes $65.00 per month for the SeniorCare Plus premiums until June 1995 when he began paying $185.00 per month. Hughley paid the increased premiums through May 1996. He refused to pay further premiums because he believed Hughes was misleading him as to the cost of the premiums. In total, Hughley paid Hughes $2,840.

In October 1996, Hughes brought a motion in district court to compel Hughley to obtain health insurance for her that she argued the decree required to be comparable to the union plan. Hughes argued the SeniorCare Plus plan provided inferior coverage that required her to incur substantial out-of-pocket expenses. Hughley subsequently moved to terminate his obligation to pay for Hughes’s health insurance and for reimbursement of increased premiums he argues he overpaid from June 1995 through May 1996.

The district court terminated Hughley’s obligation to pay for Hughes’s health insurance and ordered Hughes to reimburse Hughley $1,147.30 for overpayment of premiums. Hughes’s subsequent motions for amended findings of fact or a new trial were denied. Hughes appeals.

ISSUES

1. Does a motion for amended findings suspend the time to appeal an underlying appealable order when there has been no trial?

2. Did the district court err in terminating Hughley’s obligation to pay Hughes’s health insurance premiums?

3. Did the district court err in awarding Hughley reimbursement for Hughes’s allegedly overpaid health insurance premiums?

ANALYSIS

1. Timing of appeals in marital dissolution proceedings is governed by Minn. R. Civ.App. P. 104.04. Rule 104.04 provides that appeal may be taken within 30 days from service by the adverse party of written notice of the filing of an order. Minn. R. Civ.App. P. 104.04, subd. 1. The rule, however, also provides that the time for appeal shall run from service by the adverse party of written notice of the filing of an order granting or denying any of several motions, including a motion for amended findings. Minn. R. Civ.App. P. 104.04, subd. 2. Thus, the pendency of a proper motion of a type *536 listed in Minn. R. Civ.App. P. 104.04, subd. 2 suspends the time to appeal from an appeal-able order until service by the adverse party of written notice of the filing of the order granting or denying the motion in question. Bougie v. Bougie, 494 N.W.2d 485, 487 (Minn.App.1993); see also Bouton v. Bouton, 541 N.W.2d 22, 23 (Minn.App.1995) (citing Bougie).

Hughley claims motions for amended findings and/or motions for a new trial can be made only when there has been a trial. Noting that this case did not involve a trial, Hughley further claims Hughes’s motion for amended findings or a new trial was improper, did not suspend the appeal period, and that this appeal must be dismissed as untimely. See Doty v. Doty, 533 N.W.2d 72, 74 (Minn.App.1995) (dismissing appeal because (a) motion to amend was untimely, and therefore did not suspend the appeal period; and (b) the appeal was not otherwise timely); Bongard v. Bongard, 342 N.W.2d 156, 158 (Minn.App.1983) (“[t]ime limits on appeals are jurisdictional”). We disagree.

Under Minn. R. Civ. P. 52.02, any motion for amended findings must be made within the time for a new trial. Under rule 59.03, motions for a new trial must be made within 15 days after a general verdict or “service of notice by a party of the filing of the decision or order.” (Emphasis added). Hughley cites no authority limiting application of rule 52.02 to cases actually tried as opposed to those involving only a motion. Further, there is a strong policy of allowing parties to present alleged errors to the district court before requiring the party alleging the errors to pursue a remedy on appeal. We conclude that motions for amended findings under rule 52.02 are not improper in post-decree modification proceedings.

Here, because the parties’ stipulated judgment made Hughle/s obligation to pay Hughes’s health insurance premiums part of his maintenance obligation, the December 5, 1996 order terminating that obligation was a modification of the maintenance award. Therefore, the order was appealable. See Angelos v. Angelos, 367 N.W.2d 518, 520 (Minn.1985) (orders modifying maintenance are appealable). Hughes’s subsequent motion for amended findings, however, suspended the appeal period. Because Hughes’s motion for amended findings was denied .on February 5, 1997, and she appealed on February 26,1997, her appeal was timely. 1

2.

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

Related

Lewis v. Lewis
572 N.W.2d 313 (Court of Appeals of Minnesota, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
569 N.W.2d 534, 1997 Minn. App. LEXIS 1120, 1997 WL 613062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-hughes-v-hughley-minnctapp-1997.