Sweet v. Foreman
Annotate this CaseParties Rebecca Foreman and Stanley Sweet shared custody of Child. Prior to this modification proceeding, Sweet had primary physical custody of Child and Foreman had custodial time on alternating weekends and holidays. Foreman filed a petition to modify the child custody order seeking primary physical custody, which the magistrate court granted following trial. Sweet moved to amend the judgment or for a new trial and also moved for reconsideration. The court denied the motion for reconsideration. Sweet moved for a direct permissive appeal, which the Supreme Court granted. After review, the Supreme Court concluded this appeal was premature because the magistrate court had not ruled on Sweet’s motion for a new trial. It was procedurally improper for Sweet to move for reconsideration of the magistrate’s findings of fact and conclusions under I.R.F.L.P. 503(b). However, Sweet had previously sought to introduce new evidence under the correct procedural mechanism, a motion for new trial. In his motion for a new trial under I.R.F.L.P. 807(A)(4), Sweet asked the magistrate to conduct a new trial on the issue of Child’s wishes, including an in camera interview of Child. Those wishes included Child’s concerns regarding Foreman’s new living arrangements. The Court denied Sweet’s request to conduct an in camera interview. However, the record does not indicate that the court ever ruled on Sweet’s motion for a new trial.
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