Jonas v. Jonas
Annotate this CaseAfter Edwin and Linda divorced, Linda obtained a New Jersey judgment ordering Edwin to pay $695,477 in unpaid alimony, unpaid child support, medical expenses, and attorney fees and costs. Linda subsequently filed a motion seeking to satisfy the New Jersey judgment with Edwin's interest in a Nevada limited liability corporation (BMR) licensed to do business in Montana and with assets in Montana. A writ of execution was issued against Edwin, and thereafter, the district court issued a charging order and an order for the appointment of a receiver, for foreclosure of the lien, and for the sale of BMR's property. Edwin subsequently filed a motion for relief from the charging order and order for the appointment of the receiver foreclosure of the lien, which the district court denied after concluding that Edwin's arguments were waived because he had foregone earlier opportunities to challenge the two orders on the bases he asserted. The Supreme Court affirmed, holding (1) the district court correctly applied the law of the case doctrine to deny Edwin's motion; and (2) because Edwin's appeal was vexatious and filed for the purposes of delay, costs and fees assessed should be solely levied against Edwin. Remanded.
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