McCarthy v. McCarthy

Supreme Court of Minnesota

McCarthy v. McCarthy

344 N.W.2d 414, 1984 Minn. LEXIS 1255

CourtSupreme Court of Minnesota

DecidedFebruary 24, 1984

DocketNo. C9-83-206

StatusPublished

Cited by1 cases

This text of 344 N.W.2d 414 (McCarthy v. McCarthy) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McCarthy v. McCarthy, 344 N.W.2d 414, 1984 Minn. LEXIS 1255 (Mich. 1984).

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Opinion

SIMONETT, Justice.

Appellant Robert McCarthy appeals that part of an order of the Ramsey County District Court refusing to reduce his monthly support obligation for his minor son. We affirm.

The only apparent reason for this appeal is that the district court, in considering the referee’s recommended findings and order, stated that it was applying the clearly erroneous standard. The district court was aware of our decisions in Peterson v. Peterson, 308 Minn. 297, 242 N.W.2d 88 (1976), and Berg v. Berg, 309 Minn. 281, 244 N.W.2d 149 (1976), but said, “Except for custody cases, this Court intends to follow Rule 53.05(2) and to apply the clearly erroneous test until and unless the Supreme Court directs otherwise.” We so direct. The conflict between Rule 53 and Minn.Stat. § 484.64, subd. 3 (1982), was resolved in Peterson, where we said, a “family court judge has the duty and ultimate responsibility for making an informed final and independent decision in all matters of reference.” 308 Minn, at 306, 242 N.W.2d at 94 (emphasis added). In Berg, dealing with a property distribution, we said the Peterson holding extends to “other matters before the family court.” Berg, 309 Minn, at 285, 244 N.W.2d at 151.

Appellant wants the court to remand the matter to the district court to decide, “free of the constraints” of the clearly erroneous standard, whether he must continue to pay $100 a month for his son’s support. There is no merit to appellant’s claim, and the district court’s decision is correct. Nor is it clear that the district court ever did apply the clearly erroneous standard, notwithstanding its announced intention to do so. In his reply brief, appellant, in fact, says, “It should be made perfectly clear that it has never been Appellant’s position that Judge Faricy failed to make an informed review of the evidence.” We agree. It is difficult to understand why this appeal is here, and we write rather than summarily affirm only to again make the point that the Peterson holding applies to review of all family court referee matters. Costs in the amount of $400 are awarded to the respondent in this appeal.

Affirmed.

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SIMONETT, Justice.

Appellant Robert McCarthy appeals that part of an order of the Ramsey County District Court refusing to reduce his monthly support obligation for his minor son. We affirm.

The only apparent reason for this appeal is that the district court, in considering the referee’s recommended findings and order, stated that it was applying the clearly erroneous standard. The district court was aware of our decisions in Peterson v. Peterson, 308 Minn. 297, 242 N.W.2d 88 (1976), and Berg v. Berg, 309 Minn. 281, 244 N.W.2d 149 (1976), but said, “Except for custody cases, this Court intends to follow Rule 53.05(2) and to apply the clearly erroneous test until and unless the Supreme Court directs otherwise.” We so direct. The conflict between Rule 53 and Minn.Stat. § 484.64, subd. 3 (1982), was resolved in Peterson, where we said, a “family court judge has the duty and ultimate responsibility for making an informed final and independent decision in all matters of reference.” 308 Minn, at 306, 242 N.W.2d at 94 (emphasis added). In Berg, dealing with a property distribution, we said the Peterson holding extends to “other matters before the family court.” Berg, 309 Minn, at 285, 244 N.W.2d at 151.

Appellant wants the court to remand the matter to the district court to decide, “free of the constraints” of the clearly erroneous standard, whether he must continue to pay $100 a month for his son’s support. There is no merit to appellant’s claim, and the district court’s decision is correct. Nor is it clear that the district court ever did apply the clearly erroneous standard, notwithstanding its announced intention to do so. In his reply brief, appellant, in fact, says, “It should be made perfectly clear that it has never been Appellant’s position that Judge Faricy failed to make an informed review of the evidence.” We agree. It is difficult to understand why this appeal is here, and we write rather than summarily affirm only to again make the point that the Peterson holding applies to review of all family court referee matters. Costs in the amount of $400 are awarded to the respondent in this appeal.

Affirmed.

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344 N.W.2d 414, 1984 Minn. LEXIS 1255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-mccarthy-minn-1984.

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