IN RE MARRIAGE OF PFEIFER, No. 99-194.

Docket NºNo. 99-194.
Citation2000 MT 100, 999 P.2d 340
Case DateApril 19, 2000
CourtUnited States State Supreme Court of Montana

999 P.2d 340
2000 MT 100

In re the MARRIAGE OF Susan J. PFEIFER, Petitioner and Respondent, and
Phillip Christopher Meredith Pfeifer, Respondent and Appellant

No. 99-194.

Supreme Court of Montana.

Submitted on Briefs October 28, 1999.

Decided April 19, 2000.

Rehearing Denied May 11, 2000.


Philip J. O'Connell, Attorney at Law; Missoula, Montana, For Appellant.

Keith W. McCurdy, McCurdy Law Firm, P.C.; Polson, Montana, For Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Phillip Christopher Meredith Pfeifer appeals the January 13, 1999, Order of the Twentieth Judicial District Court, Lake County, awarding Susan J. Pfeifer postjudgment interest. We reverse.

¶ 2 The issues on appeal are as follows:

¶ 3 1. Whether the District Court erred in awarding Susan Pfeifer postjudgment interest accruing from date of the initial Decree of Dissolution?

¶ 4 2. Whether the District Court erred in awarding Susan Pfeifer postjudgment interest on the $62,685.48 postjudgment interest award?

FACTUAL BACKGROUND

¶ 5 Phillip Christopher Meredith Pfeifer ("Chris") and Susan J. Pfeifer ("Sue") were married in Arizona in 1988. They have one child together, Barbara, who was born in 1988. In the early 1990s the marriage began to deteriorate, the parties separated, and in 1994 Sue filed a petition for dissolution. On December 15, 1995, the court entered its Findings of Fact, Conclusions of Law and Decree of Dissolution dividing the $2,560,644 marital estate. As part of the dissolution, the court ordered Chris to make a cash payment to Sue in the amount of $400,000 and ordered Chris to pay Sue's attorney fees as well as his own.

¶ 6 Chris appealed the District Court's Decree of Dissolution claiming that the court erred in awarding Sue attorney fees. Sue cross-appealed, raising five issues. We reversed the award of attorney fees to Sue, determined that the District Court's findings regarding Sue's contribution to the marital estate were not clearly erroneous, concluded that the court had not abused its discretion by failing to award Sue sufficient income-producing property, upheld the court's decision to include certain loans as debt chargeable to the marital estate, affirmed the court's decision not to award maintenance to Sue, and determined that the court had erred in valuing Sue's possessory interest in the family home and 160 acres. See In re Marriage

999 P.2d 341
of Pfeifer (1997), 282 Mont. 461, 938 P.2d 684 (Pfeifer I)

¶ 7 The District Court held a hearing on remand, received evidence relating to the value of Sue's possessory interest in the home and land and, thereafter, found that the value of that interest equaled the $138,000 rental value of the property, rather than its original valuation of that interest at $552,000. Consequently, the court redistributed the value of the marital estate to maintain approximately equal distributions, which resulted in Chris owing Sue an additional equalizing cash payment of $130,857. Chris appealed and we affirmed the District Court. In re Marriage of Pfeifer, 1998 MT 228, 291 Mont. 23, 965 P.2d 895 (Pfeifer II).

¶ 8 This brings us to the facts of the current case. The District Court received our Remittitur in Pfeifer I on June 30, 1997. On July 10, 1997, Chris forwarded a $400,000 cash...

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3 practice notes
  • Gendron v. Mont. Univ. Sys., DA 19-0115
    • United States
    • April 7, 2020
    ...of law which we review de novo. 399 Mont. 475 Healy v. Healy , 2016 MT 154, ¶ 19, 384 Mont. 31, 376 P.3d 99 ; In re Marriage of Pfeifer , 2000 MT 100, ¶ 11, 299 Mont. 268, 999 P.2d 340 (citing Tipp v. Skjelset , 1998 MT 263, ¶ 11, 291 Mont. 288, 967 P.2d 787 ).DISCUSSION¶10 Issue One: Did t......
  • Pfeifer v. Pfeifer, No. DA 12–0536.
    • United States
    • Montana United States State Supreme Court of Montana
    • May 14, 2013
    ...282 Mont. 461, 938 P.2d 684 (1997); In re the Marriage of Pfeifer, 1998 MT 228, 291 Mont. 23, 965 P.2d 895;In re the Marriage of Pfeifer, 2000 MT 100, 299 Mont. 268, 999 P.2d...
  • IN RE MARRIAGE OF DEBUFF, No. 01-233.
    • United States
    • July 16, 2002
    ...is not entitled to postjudgment interest from the date of the original decree based on this Court's decision in Marriage of Pfeifer, 2000 MT 100, 299 Mont. 268, 999 P.2d 340. In Pfeifer, we held that a spouse is not entitled to interest on an original award where that award on appeal has no......
3 cases
  • Gendron v. Mont. Univ. Sys., DA 19-0115
    • United States
    • April 7, 2020
    ...of law which we review de novo. 399 Mont. 475 Healy v. Healy , 2016 MT 154, ¶ 19, 384 Mont. 31, 376 P.3d 99 ; In re Marriage of Pfeifer , 2000 MT 100, ¶ 11, 299 Mont. 268, 999 P.2d 340 (citing Tipp v. Skjelset , 1998 MT 263, ¶ 11, 291 Mont. 288, 967 P.2d 787 ).DISCUSSION¶10 Issue One: Did t......
  • Pfeifer v. Pfeifer, No. DA 12–0536.
    • United States
    • Montana United States State Supreme Court of Montana
    • May 14, 2013
    ...282 Mont. 461, 938 P.2d 684 (1997); In re the Marriage of Pfeifer, 1998 MT 228, 291 Mont. 23, 965 P.2d 895;In re the Marriage of Pfeifer, 2000 MT 100, 299 Mont. 268, 999 P.2d...
  • IN RE MARRIAGE OF DEBUFF, No. 01-233.
    • United States
    • July 16, 2002
    ...is not entitled to postjudgment interest from the date of the original decree based on this Court's decision in Marriage of Pfeifer, 2000 MT 100, 299 Mont. 268, 999 P.2d 340. In Pfeifer, we held that a spouse is not entitled to interest on an original award where that award on appeal has no......

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