MARRIAGE OF JURGENS TURNER
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF MONTANA No. 93-419 IN RE THE MARRIAGE OF ; DENISE i RENE JURGENS, Petitioner Below, ; and JIMMIE ALLEN TURNER, Respondent Petitioner ; Below and Herein, ; ELEVENTH JUDICIAL DISTRICT On May 25, the ;;.'>L'$8>~ F$ :,:lj? :' 2. fE yJcJj3 ; v. Michael OPINION and ORDER ; 1993, the H. Keedy presiding, marriage (Turner). of In Eleventh Judicial issued Denise the ; ) COURT, a final Jurgens final District decree order, Turner child support was Judge of dissolution and (Jurgens) Court, in Jimmie ordered Turner to pay to Jurgens: 1) $195 1993; per month in 2) $2,826 for the marriage; Jurgens' interest 3) $508 for refund: and Jurgens' half 4) Neither $1,161 party On July in retroactive appealed 2, 1993, the in of child order Jurgens beginning 1 20, real property of parties' 1991 tax the the support. and decree filed June of an "affidavit dissolution. of facts" with the District of the Court sums District and failing to order by she the show decree why sum of that he of Turner Court issued cause the stated District subsequently pay and which ordered Court appear in an $4,8[8]5 be the held ordered paid 27, 1993, any decree. The Turner in in A July not instructing not as dissolution. in order should had to contempt the May for 25, hearing 1993, date was set. On July hearing, 26, 1993, Randall Turner, Snyder, faxed letter, Snyder which was and Jurgens." The amount payable he your for Ms. to Turner's . the . "I amount George In . for that $2,000 This amount is obligation Jimmie's that father, a check account stated contempt counsel. enclosing on Jurgens, scheduled Jurgens' was trust also the for application letter to letter to attorney that to you, prior a indicated to day an mailed "payable forwarded the to Ms. included, for within June and the July child support." The contempt testified the that amounts hearing she ordered that, as far as offer to of $150 Court found he Turner separate counts of set above, and each out count--a total the following no money from the 25, day. decree. knew, May month at and amount guilty owing ten of contempt, him a days. for had $2,000 of the and four days of testified accepted The court The payment his downpayment interest. five Jurgens Turner for to 2 Turner counsel percent apparently twenty her by contempt sentenced of 1993, Jurgens the per held received in discharge terms had was and District entered separate incarceration District Court four debts for also ordered that Jurgens $4,885, August 24, Turner plus costs this District Court the parties' agreement contempt fees to until a joint response filed motions for 1993, if of he paid $529.20, to amounts writ by fees, a motion owing to dismiss review Court and the Turner's the July staying the and ordering District certiorari; costs, that regarding during the of things, an order and writ evidence of this of for other his Jurgens attorney's filed among order the petition we issued further We initially certiorari. the petition. filed a or accept settle 24, Turner's Court to hear to proceedings filed He argued, refused On August 27 hearing. District of attorney's Turner Court. the responses himself and 1993, 24, with contempt purge 1993. On August certiorari could Court Jurgens sanctions petition and the writ of writ of for petition also for certiorari. An order appealable review by the of 200 Mont. Court has made proceedings 753 In final 83, 655 P.2d 959, P.2d 1306, 1308. This from resorting to District Court obtain in this review 3 this rule of contempt (1988), exception, the case. to Sessions usual of the avenue 961. review and allowed to an MCA; Milanovich of proper not 3-l-523, 87, the and is an exception re Marriage certiorari, conclusive certiorari Turner of and Section order. appeal. prohibit writ a writ a contempt dissolution 441, is (1982), this direct contempt order: of Milanovich that of contempt v. We note in marriage orders 231 Mont. however, method, for 437, does a petition order on not for issued On review, order we determine acted within whether its supports the finding Whitefish (1989), 239 Mont. does Indeed, it was not is Jurgens to failure Robbins of examination the to 1993, Court's the imposed four purge amounts. Turner Turner's allowed the such, whether four counts As Turner, that of stated has Jurgens. had, paid amounts case, As himself not purged had have the an unpaid. August the opportunity himself contempt, ordered certiorari of before contempts of expired. to one noted until paying of of further required. writ Such or consider more of the contempt. earlier, The the fact, this by own 1351. and for in 1347, owing petition did his Marriage amounts his Court re Turner Turner constitutes of contempt purge 1993. counts of to by separate himself District Turner four is order, time As order that 27, In of of case, us order 1309; this and P.2d Court's filed In July 711 separate District of Court jurisdiction. 1993, posture District the to at 137-38, the Court 70. Court's procedural for According 130, unique District apparently as District the of May, P.2d City before in contempt substantial v. 68, record amount 753 the Court's limited the Mont. P.2d District full with 219 Because that Doran 779 $4,885 Sessions, (1985), above, paid comply See contempt. 24, not whether contempt. 98, the issuing and the pay had a 94, from to admission, of challenge obvious ordered court jurisdiction evidence Turner the Turner $2,000 letter on his to for June behalf Jurgens' the contends that towards counsel and 4 July the also child his father, amount seems support George he to owes indicate obligations to were paid by Turner's we cannot father. ascertain whether From the record before this those amounts were received Court, or accepted by Jurgens. We conclude, submit to the therefore, District that Court it is appropriate documentation someone on his behalf, has paid to Jurgens Court's orders. After Jurgens District Court should which, have been satisfied appropriate of the if any, Turner amounts pursuant to he, or to the District has had opportunity determine of contempt for to respond, of the four the counts orders. We emphasize not subject Court's the to 1993, in which confusion over contempt hearing, the extent payments relief sanctions before will We conclude abide to also motions in for is District light of and the to the to determine have been purged. petition for writ order granting attorney's fees, of and, therefore, as we are Similarly, Jurgens' the were imposed in Turner's to the contempt us. by are appropriate the Turner have been made prior proceedings raised that that, only contempts alleged issues to Turner, to one or more of the contempts do not relate properly failure separate further The remaining not for order. the to which certiorari we are in no way concluding contempt May 25, manner that by the payments made, and issue are limited costs and be denied. IT IS ORDERED: 1. Opinion Turner is and Order amounts paid granted to to date file towards ten (10) days with the District the total 5 from the Court date proof of this of amount owing to Jurgens; the 2. Jurgens submission to 3. is allowed himself against him. District (5) days if desired, to Court shall respond, The District purged five of If Court any the of the entire shall then the contempt for Jurgens' motion for sanctions 6. The certiorari is The parties, Court to for fees is motion contempt been has entered satisfied, the imposed. and costs DENIED: to Turner is DENIED: and dismiss the writ of DENIED. Clerk to the Court's of sentence(s) attorney's 5. of Turner's whether has not motion date evidence: counts JurgensI District the determine four 4. Order that obligation execute from of Court Jimmie the the DATED this is Turner directed to personally, Honorable Michael Eleven mail to H. of October, 6 counsel Keedy District. 1993. a true and copy of record to the of for Clerk this all of
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
