In re the Marriage of Mrla
In re the Marriage of Mrla
Opinion
This case arises out of the dissolution of four-year marriage between Angela and George Mrla. On appeal, Angela challenges the district court's division of the parties' property, contending the district court failed to equitably divide the property. She also seeks trial and appellate attorney fees. We review dissolution of marriage proceedings de novo.
See
In re Marriage of Kimbro
,
The trial record shows Angela and George married in 2011. Prior to that time, they cohabited along with Angela's two children. During the marriage, George farmed his own land and worked as a self-employed truck driver, a business he started shortly after the parties married. Angela and George separated in 2015. At trial, the parties identified over one million dollars in assets and over two-hundred and thirty thousand dollars in liabilities at issue. In particular, the parties contested whether and to what extent Angela was involved in the startup and operation of George's trucking business and whether the business was property subject to division. The district court received the parties' evidence and nominally divided the parties' property. Angela filed a motion to enlarge or amend the decree. In her motion, Angela contended the district court failed to identify many of the assets and liabilities, failed to value the parties' assets and liabilities, and failed to divide all of the property at issue. The district court denied the motion, and Angela timely filed this appeal.
This decree is fatally flawed and incapable of meaningful appellate review. De novo review is distinct from trial de novo.
See
In re Marriage of Huston
,
Here, the district court did not make a determination regarding the disputed factual issues. At trial, the parties identified numerous contested assets and liabilities. The decree does not identify all of the parties' assets and liabilities. The parties submitted extensive evidence regarding the value of the parties' property, including their affidavits of financial status and expert testimony regarding the value of George's trucking business. The district court failed to value any of the parties' property, stating, "It is difficult or impossible to place a value on any of the assets listed on the parties' financial statements." The mere fact that the parties contested the value of certain property does not render it impossible to find a value based on the evidence. The district court then nominally divided the property without valuing any of it and without determining whether any equalization payment was required. We say "nominally divided" because it does not appear the district court actually divided all of the property at issue.
Under the circumstances, we cannot exercise appellate review over the property division. We thus vacate the property division in the decree and remand this matter to the district court to identify the parties' property subject to division, to determine a value for all of the property based on the evidence admitted at trial, and to equitably divide the property.
See In re Marriage of
Locke
,
Angela also contends the district court abused its discretion in denying her claim for trial attorney fees.
See
Kimbro
,
Finally, we address appellate attorney fees. Both parties request they be awarded their legal fees on appeal. "Appellate attorney fees are not a matter of right, but rather rest in this court's discretion. In determining whether to award appellate attorney fees, we consider the needs of the party seeking the award, the ability of the other party to pay, and the relative merits of the appeal."
In re Marriage of McDermott
,
AFFIRMED AND REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.