Turk v. Turk

2008 MT 45, 177 P.3d 1013, 341 Mont. 386, 2008 Mont. LEXIS 44
CourtMontana Supreme Court
DecidedFebruary 12, 2008
DocketDA 07-0030
StatusPublished
Cited by8 cases

This text of 2008 MT 45 (Turk v. Turk) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turk v. Turk, 2008 MT 45, 177 P.3d 1013, 341 Mont. 386, 2008 Mont. LEXIS 44 (Mo. 2008).

Opinions

JUSTICE LEAPHART

delivered the Opinion of the Court.

¶1 David Turk (“David”) brought suit against his sister, Joann Finn (“Joann”), and his brother, Richard Turk (“Dick”), claiming ownership and seeking the return of a 1975 U-Haul truck and tools contained within the truck. Joann and Dick denied that David had an ownership interest in either the truck or the tools. The matter proceeded to trial, where a jury found that David was the rightful owner of the truck and any tools contained within. Joann and Dick now appeal. We affirm.

¶2 We restate the issues as follows:

¶3 I. Did the District Court abuse its discretion by using a special verdict form that treated the truck and tools as a whole?

¶4 II. Did the District Court err by denying Joann and Dick’s motion for judgment as a matter of law concerning Joann Finn?

¶5 III. Did the District Court err by denying Joann and Dick’s motion for judgment as a matter of law regarding the statute of limitations?

BACKGROUND

¶6 The truck and tools in question originally belonged to Augustine Turk (“Gus”). In his will, Gus divided his estate equally between his and his late -wife’s surviving siblings. The estate’s assets included a great deal of equipment and tools, including the property at stake in the instant case. The Turk siblings elected to take their share of the estate in this equipment. Dick served as one of the estate’s personal representatives and kept the titles to the estate equipment and vehicles in a filing cabinet in his home. Though the estate has been closed for more than eight years, the heirs gave conflicting testimony as to how the equipment was to be distributed amongst the Turks, and whether each received his or her fair share.

¶7 Most of this equipment was stored on Joann’s property in Townsend. Several years after the final accounting, David removed the truck (in which some of the tools were stored) from Joann’s property without notifying her or Dick. When Joann noticed the truck was missing, she reported it stolen to the police. The police report named David as a suspect.

¶8 The sheriff repossessed the truck and returned it to Joann. [388]*388David’s attorney sent a demand letter to Joann and Dick requesting return of the truck and the tools. They contested David’s ownership, and this litigation ensued.

¶9 At trial, David testified that his brother Bill (now deceased) gave him the U-Haul truck. David introduced the truck’s title into evidence. The title listed Augustine Turk as the vehicle’s owner, and was signed over to David Turk (the purchaser) by both Charles Morris and Richard Turk (the sellers). In response, Dick testified that the title from the truck was an open title. Dick denied that the truck was given as a gift to David and accused David of stealing the title.

¶10 At the close of David’s case, Joann and Dick made two motions for judgment as a matter of law. First, they argued, David had failed to state a prima facie case against Joann, and thus she should be dismissed from the case. Second, they claimed the statute of limitations had run as to any possible estate or contract claims that David might bring against them. The District Court denied both motions and held that no issues of contract law or estate law were at stake. The court instructed counsel not to argue any theories of estate or contract law and to limit their arguments to the issue of whether or not David had received the property as a gift.

¶11 The court revised the special verdict form it had prepared and withdrew the following jury instruction, which had been delivered at the beginning of the trial: “If you find that David Turk was given a proposed distribution of the assets of the Estate of Augustine Turk and never objected to that distribution within 30 days of its receipt, he has waived his right to object.” David objected to the court’s decision to strike the estate law issue, but Joann and Dick did not. Appellants also voluntarily withdrew their remaining proposed jury instructions which dealt with estate and contract law issues pertaining to the ownership of the tools.

¶12 The jury found that David was the rightful owner of the truck and the accompanying tools. The court ordered J oann and Dick to trun over the truck to David; however, they did not do so until several months later, after David filed a motion for contempt.

DISCUSSION

¶13 I. Did the District Court abuse its discretion by using a special verdict form that treated the truck and tools as a whole?

¶14 After denying both of Joann and Dick’s motions for judgment as a matter of law, the court revised the special verdict form and [389]*389withdrew a previously given jury instruction pertaining to an issue of estate law. The court explained that the new verdict form and jury instructions “basically limit[] the case now to whether or not there was a gift to the plaintiff!.]” The revised verdict form read: “Does David Turk rightfully own the 1975 Ford U-Haul Truck, Title #429002 with the tools inside of it?” In response to this interrogatory, the jury was instructed to “[w]rite in Tes’ or ‘No.’”

¶15 Joann and Dick sirgue that the court erred by revising the verdict form and jury instructions, and claim the court improperly denied them the opportunity to argue their theories of ownership based on estate and contract law. They further argue that the revised verdict form improperly combines distinct questions of ownership, treating the tools and the truck as a whole. However, they have waived the right to argue each of these issues.

¶16 The failure to object to a verdict form and/or jury instructions at trial results in a waiver of the right to challenge them on appeal. Greytak v. RegO Co., 257 Mont. 147, 152, 848 P.2d 483, 486 (1993). Objections to jury instructions or special verdict forms must be specific, and must state with particularity the grounds upon which they are made. M. R. Civ. P. 51; Greytak, 257 Mont. at 152, 848 P.2d at 486. We have cautioned that “[t]he instruction which is given without objection becomes the law of the case.” Kneeland v. Luzenac America, Inc., 1998 MT 136, ¶ 43, 289 Mont. 201, ¶ 43, 961 P.2d 725, ¶ 43 (citation omitted).

¶17 The record clearly demonstrates that Joann and Dick have waived their right to challenge both the verdict form and jury instructions on the basis that either omits issues of estate or contract law. When the court explained its decision to revise the verdict form and the jury instructions, Joann and Dick agreed with the court’s decision to restrict the jury from considering any estate law issues. Joann and Dick then withdrew their proposed jury instructions concerning estate and contract law and stated they had no additional objections to the remaining jury instructions, nor any new jury instructions to offer. These actions prevent Joann and Dick from challenging the court’s decision to preclude the jury from considering their contract and estate law theories.

¶18 Joann and Dick did object to the revised verdict form, but only on a very narrow ground: the jury should consider the ownership of the truck and the tools separately, they argued, not as a whole. However, this argument too has been waived, for the same reasons discussed above. The only theory upon which Joann and Dick challenged David’s [390]

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Cite This Page — Counsel Stack

Bluebook (online)
2008 MT 45, 177 P.3d 1013, 341 Mont. 386, 2008 Mont. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turk-v-turk-mont-2008.