Olsen v. Olsen

2011 WY 30, 247 P.3d 77, 2011 Wyo. LEXIS 31, 2011 WL 626493
CourtWyoming Supreme Court
DecidedFebruary 23, 2011
DocketS-10-0121
StatusPublished
Cited by8 cases

This text of 2011 WY 30 (Olsen v. Olsen) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olsen v. Olsen, 2011 WY 30, 247 P.3d 77, 2011 Wyo. LEXIS 31, 2011 WL 626493 (Wyo. 2011).

Opinion

KITE, Chief Justice.

[T1] In this divorcee action, the district court granted custody of the parties' children to Candy M. Olsen (Wife), divided the parties' property, ordered their real property be sold to. pay a debt to Wife's mother and granted a judgment in favor of Wife's mother for any deficiency remaining after the proceeds of the sale were applied to the debt. Carl S. Olsen (Husband), acting pro se, challenges the district court's property disposition and child custody rulings and claims the district court erred in some of its evidentiary rulings. We summarily affirm the district court's factual findings and evidentiary rulings because Husband failed to provide a sufficient record on appeal. We reverse the district court's order granting judgment for the deficiency in favor of Wife's mother because a creditor cannot participate in a divoree action.

ISSUES

¶2] Husband presents several issues on appeal:

1. The court has appeared to rush to conclusions or decisions in this case based upon assumptions of which there are not sufficient facts or evidence to support.
Contrary to Wyoming law, the judge didn't recuse himself for bias.
*79 8. Error of law-the court allowed [an incomplete Financial Affidavit by one party, but complained of the other party's Financial Affidavit.
4. - Error of law: It is contrary to law for a court to assign who will claim minor children without a waiver of release.
5. Error of law: It is contrary to the law to dismiss admissions and other doeu-ments merely because they were filed pro se.
6. Contrary to Wyoming law, the court considered improper testimony: both testimony that was not given under oath and testimony that was hearsay.
7. Any and all debts incurred by the Ap-pelles, without the explicit consent and/or agreement of the Appellant, are her liability alone and the Appellant should not be held liable for such debts, as per Wyoming Statute.
8. The court did not adequately consider the applicable factors in deciding who should have physical custody of the children.

Wife did not file a brief on appeal.

FACTS

¶3] The parties married on February 14, 2000, and three children were born into the marriage. Although the divorcee complaint is not included in the record on appeal, the clerk's index indicates that it was filed by Husband on January 15, 2009. After a trial, which apparently was not reported, the district court issued a decision letter granting the divorcee and awarding primary physical custody of the children to Wife.

¶4] The decision letter also divided the assets and liabilities of the marriage. The primary asset was commercial property, from which Husband claimed he operated a construction business. The property was valued at $132,700. The trial evidence indicated that Wife's mother, Kathy Judd, had loaned the parties $140,000, and they still owed a balance of $181,800 on the loan. The district court set over one half of the outstanding debt to each party and ordered the property be sold to pay the debt. The district court further ordered:

Each party shall apply their respective proceeds from the sale of this property to the debt owed to Kathy Judd.... If each party does not receive sufficient funds to retire their portion of the debt in full, then Kathy Judd shall have judgment against each party for the remainder.

Husband appealed from the district court's judgment.

STANDARD OF REVIEW

[T5] The district court has broad discretion to divide marital property in a divorcee. Sanning v. Sanning, 2010 WY 78, ¶ 8, 233 P.3d 922, 923 (Wyo.2010);, Root v. Root, 2003 WY 36, ¶ 8, 65 P.3d 41, 44 (Wyo.2003). See also, Wyo. Stat. Ann. § 20-2-114 1 (LexisNexis 2009). We review the district court's disposition of marital property using the abuse of discretion standard. Sanning, ¶8, 288 P.3d at 928. See also, Sweat v. Sweat, 2003 WY 82, ¶6, 72 P.3d 276, 278 (Wyo.2003). "An abuse of discretion occurs when the property disposition shocks the conscience of this court and appears to be so unfair and inequitable that reasonable people cannot abide it." Hall v. Hall, 2002 WY 30, ¶ 12, 40 P.3d 1228, 1230 (Wyo.2002).

[T6] Child custody decisions are also committed to the sound discretion of the trial court.

It has been our consistent principle that in custody matters, the welfare and needs of the children are to be given paramount consideration. The determination of the best interests of the child is a question for *80 the trier of fact. We do not overturn the decision of the trial court unless we are persuaded of an abuse of discretion or the presence of a violation of some legal principle. Resor v. Resor, 987 P.2d 146, 148 (Wyo.1999), quoting Reavis v. Reavis, 955 P.2d 428, 431 (Wyo.1998).

Buttle v. Buttle, 2008 WY 135, ¶ 15, 196 P.3d 174, 178 (Wyo.2008), quoting Testerman v. Testerman, 2008 WY 112, ¶8, 198 P.3d 1141, 1144 (Wyo.2008).

DISCUSSION

A. - Factual and Evidentiary Rulings

{17 Husband's issues one, two, three, five, six and eight, question the propriety of the district court's factual and eviden-tiary determinations. For example, he claims there was insufficient evidence to support the district court's factual findings that he did not adequately support his family, committed domestic violence against Wife and wrote the letter in which Wife recanted her allegation of domestic violation, and Ms. Judd loaned the couple $140,000. He claims that by deciding in favor of Wife on many of the issues in the divorce proceeding, the judge demonstrated that he was biased against Husband. Husband also argues the district court erred in allowing some of Wife's evidence to be admitted while rejecting some of his evidence.

[T8] The problem with Husband's argument is that he did not provide a tran-seript of the trial or a statement of the evidence in accordance with W.R.A.P. 3.03 2 "When the appellant fails to provide an adequate record on appeal, 'we must accept the district court's findings as being based upon sufficient evidence."" Painovich v. Painovich, 2009 WY 116, ¶ 9, 216 P.3d 501, 504 (Wyo.2009), quoting Witowski v. Roosevelt, 2009 WY 5, ¶ 37, 199 P.3d 1072, 1083 (Wyo.2009). Our reasoning in Schluck v. Schluck, 2008 WY 92, ¶ 3, 189 P.3d 877, 878 (Wyo.2008) is apt:

We reject Husband's contention of error for the simple reason that Husband has failed to provide this Court with an adequate record to permit rational review of the district court's decision. The record presented for our review consists only of the pleadings filed by the parties, the district court's decision letter and its order. Husband has not provided a transeript of the trial, nor has he submitted a statement of the evidence pursuant to W.R.A.P. 3.08.

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Bluebook (online)
2011 WY 30, 247 P.3d 77, 2011 Wyo. LEXIS 31, 2011 WL 626493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-olsen-wyo-2011.