Pearson v. District Court, Eighteenth Judicial District, County of Arapahoe

924 P.2d 512, 1996 Colo. LEXIS 476, 1996 WL 534896
CourtSupreme Court of Colorado
DecidedSeptember 23, 1996
DocketNo. 96SA64
StatusPublished
Cited by42 cases

This text of 924 P.2d 512 (Pearson v. District Court, Eighteenth Judicial District, County of Arapahoe) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pearson v. District Court, Eighteenth Judicial District, County of Arapahoe, 924 P.2d 512, 1996 Colo. LEXIS 476, 1996 WL 534896 (Colo. 1996).

Opinion

Justice SCOTT

delivered the Opinion of the Court.

In this original proceeding under C.A.R. 21,1 we issued a rule to show cause to review orders of the respondent District Court of the Eighteenth Judicial District. The trial court ordered the petitioner, Karen K. Pearson, n/k/a Karen K. Sanders (Sanders), and her former husband, Scott R. Pearson (Pearson), to mediate disputes raised in post-dissolution of marriage proceedings. Sanders, the petitioner before us and in the dissolution proceedings below, seeks relief from the respondent trial court’s orders mandating mediation.2 The exercise of our origi[514]*514nal jurisdiction turns on whether section 13-22-311, 6A C.R.S. (1995 Supp.), permits a court to refer a case to mediation where one party claims it has been the victim of abuse. Because we conclude the statutory provision expressly limits a trial court’s referral authority when a party claims he or she has been subjected to abuse, we make the rule absolute. Accordingly, we direct the trial court to vacate its orders for mediation.

I

In 1990, the trial court entered its decree of dissolution terminating the marriage of Sanders and Pearson. By that decree, Sanders was granted sole custody of their two minor children, while Pearson was granted rights to parenting time with the children. The underlying dispute relates to efforts by Pearson and Sanders to modify parenting rights and child support payments.

In March 1995, Pearson filed a motion to modify his parenting time rights and also filed a motion for appointment of a guardian ad litem. On September 18, 1995, Sanders filed a motion to modify the child support payments Pearson was obligated to make under the decree.

By order dated October 10, 1995, the trial court directed the parties to obtain mediation services to resolve the dispute regarding parenting time. By separate order of the same date, the court directed Pearson to set a hearing on his motion to modify parenting time. However, consistent with its referral of the dispute to mediation, the court directed Pearson to complete the mediation sessions prior to the hearing date.3

On October 23, 1995, the trial court ordered the parties also to mediate the question of child support raised by Sanders’ motion. That order stated “[a]ny party may request an exemption from mediation based on a claim that he or she has been the victim of physical or psychological abuse....”

On October 30, 1995, Sanders filed a motion to reconsider both mediation orders. In support of her motion to reconsider, Sanders claimed that “during the course of the marriage [Pearson] was physically and emotionally abusive. During the latter four years of the marriage, there were numerous incidents of physical violence.” Sanders further asserted that prior to the termination of their marriage, one “incident involved [Pearson] hitting [Sanders] and throwing her against a wall” resulting in injury to Sanders, including a bruised eye and a partially tom bicep. Sanders’ motion stated that, as a result, Pearson was charged and convicted of assault and domestic violence. According to her motion, Sanders now “suffers severe anxiety episodes when interacting” with her former husband and “shakefs] uncontrollably” when in his presence.

On November 14, 1995, Pearson filed his response to Sanders’ motion to reconsider the orders for mediation. He claimed Sanders’ motion was “more correctly construed as a motion for a new trial pursuant to C.R.C.P. Rule 59,” and that, because Sanders failed to “alleg[e] ... grounds specified” under that rule, Sanders’ motion should be denied. On November 14, 1995, the trial court entered a minute order denying Sanders’ motion to reconsider. On November 21, 1995, still timely pursuant to C.R.C.P. 121 § 1-15(1),4 Sanders filed a verified reply and a motion to consider the reply. Sanders’ verified reply again informed the trial court of “physical and psychological abuse” Sanders had suffered at the hands of Pearson. On January 17, 1996, the trial court granted Sanders’ motion to consider the reply, but determined the court’s November 14th minute order entered by Judge Watanabe, the original trial court judge, “shall stand as the Order of this court.” Judge Watanabe had entered all orders except the January 17, 1996, order, which was entered by the Honorable Timothy L. Fasing after the case had been assigned to him. Despite Sanders’ request, the [515]*515January 17th order did not include specific findings.

II

We first 'address our jurisdiction under C.A.R. 21. C.A.R. 21 provides that an original proceeding may be sought “where the district court is proceeding without or in excess of its jurisdiction.” The remedy is also proper “where the trial court has abused its discretion and where an appellate remedy would not be adequate....” Halaby, McCrea & Cross v. Hoffman, 831 P.2d 902, 905 (Colo.1992). The granting of a petition seeking the exercise of our original jurisdiction is discretionary. People v. District Court, 868 P.2d 400, 403 (Colo.1994). Our authority pursuant to C.A.R. 21 is not a substitute for appeal. Halaby, 831 P.2d at 905.

In the present case, the trial court ordered mediation despite Sanders’ claims of physical and psychological abuse by Pearson. To obtain relief on appeal, Sanders would be forced to enter mediation with Pearson, suffer possible emotional distress, then seek review of the mediation order. Potentially, the damage Sanders hopes to avoid would already be done before appellate review occurs. Hence, appellate review would not prevent the harm Sanders seeks to avoid. Based on these circumstances, we exercise our discretion and grant interlocutory review to address the propriety of the trial court’s orders for mediation.

III

As a preliminary matter, the respondent trial court contends that the doctrine of the law of the case precluded Judge Easing’s reconsideration of Judge Watanabe’s order denying the motion to reconsider the orders for mediation. We disagree.

“A court that makes a decision has the power to reconsider it, so long as the case is within its jurisdiction.” IB James W. Moore & Jo Desha Lucas, Moore’s Federal Practice ¶ 0.404[4.-l] at II—2 (2d ed. 1995). These commentators state:

At the trial court level, the doctrine of the law of the case is little more than a management practice to permit logical progression toward judgment. Prejudgment orders remain interlocutory and can be reconsidered at any time, but efficient disposition of the case demands that each stage of the litigation build on the last, and not afford an opportunity to reargue every previous ruling. In the end, however, the doctrine of the law of the case does not require nor encourage a trial court to render a judgment erroneous in law.

Id. at II—2 to II—3 (footnote omitted). The doctrine of the law of the case “is not a rule to perpetuate error and does not require a court to enter an erroneous judgment because the logic of an earlier erroneous ruling would require it.” Id. ¶ 0.404[4.-l] at 11-12 to 11-13.

Likewise, the transfer of a case from one judge to another judge of the same court does not freeze prior rulings. Id.

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Bluebook (online)
924 P.2d 512, 1996 Colo. LEXIS 476, 1996 WL 534896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pearson-v-district-court-eighteenth-judicial-district-county-of-arapahoe-colo-1996.