Legal Opinion · Dissent

In Re the Marriage of Howard

Montana Supreme Court

Decided October 21, 2008No. DA 07-0665Published

1DissentJustice Rice

¶34 I respectfully dissent from the Court’s decision and would reverse on Issues One and Three.

¶35 Under Issue Three, I disagree that the District Court did not abuse its discretion when it omitted Appellee’s business bank account from its findings of marital assets. This Court has previously held that, as a general rule, if the parties present evidence regarding the existence of a marital asset and the district court fails to make findings regarding the asset, the district court has abused its discretion. In re Marriage of Larson, 200 Mont. 134, 139, 649 P.2d 1351, 1354 (1982). In Larson,…

2Cases cited6 opinions

  1. In Re the Marriage of HerronMontana Supreme Court · 1980
  2. In Re Marriage of EngenMontana Supreme Court · 1998
  3. Larson v. LarsonMontana Supreme Court · 1982
  4. Stoneman v. DrollingerMontana Supreme Court · 2000
  5. Marriage of Harper v. HarperMontana Supreme Court · 1999

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