In re Marriage of MarezAnnotate this Case
In 2003, the marriage of Tonia Marez and David Marshall was dissolved by decree. For the next decade, the parties were involved in a bitter dispute over the parenting of their minor daughter. In 2013, after the daughter reached the age of fourteen, David moved to hold Tonia in contempt for failure to comply with the parenting plan. Tonia subsequently moved to hold David in contempt for failure to pay child support. David then moved for sanctions against Tonia for filing numerous pleadings with the intent to “harass, cause unnecessary delay, and needlessly increase the cost of litigation.” The district court granted David’s motion for contempt, denied Tonia’s motion for contempt, and imposed sanctions against Tonia. The Supreme Court (1) affirmed the order finding Tonia in contempt and the order refusing to find David in contempt, as the record supported the district court’s conclusions; and (2) declined to address the merits of the sanctions against Tonia, as the award of sanctions was not yet a final judgment because it did not include a necessary determination of the amount of costs and attorney fees awarded.