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Hausladen v. Knoche

Court of Appeals of Idaho

August 27, 2013

FRANK WILLIAM HAUSLADEN, JR., Plaintiff-Appellant,
v.
SHARI COLENE KNOCHE, fka DAWSON, Defendant, and JOHN H. SAHLIN, Judgment Creditor on Appeal, Respondent.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 637S

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John P. Luster, District Judge.

Order of the district court, on intermediate appeal, dismissing appeal from the magistrate's order awarding parenting coordinator fees, reversed and remanded.

Frank William Hausladen, Jr., Sandpoint, pro se appellant.

John H. Sahlin, Coeur d'Alene, pro se respondent.

SUBSTITUTE OPINION THE COURT’S PRIOR OPINION DATED AUGUST 23, 2013, IS HEREBY WITHDRAWN

MELANSON, Judge.

Frank William Hausladen, Jr. appeals from the district court's order dismissing his appeal from the magistrate's determination that Hausladen was required to pay John H. Sahlin parenting coordinator fees. For the reasons set forth below, we reverse and remand.

I. FACTS AND PROCEDURE

Hausladen and Shari Colene Knoche are the parents of a minor child. Their respective custody rights and child support obligations have been the subject of numerous orders and order modifications over a period of years. On February 2, 2005, the magistrate entered an order modifying custody in which Sahlin was appointed to act as parenting coordinator. Sahlin attempted to resolve the disagreements of the parents. On January 11, 2006, the magistrate entered an order terminating Sahlin's appointment. Thereafter, on May 17, 2006, Sahlin filed a motion alleging Hausladen failed to pay his parenting coordinator fees and sought a court order requiring Hausladen to do so. Hausladen objected. Following a hearing on June 5, 2006, the magistrate granted Sahlin's motion and required Hausladen to pay Sahlin $667.50. Hausladen appealed to the district court, which affirmed the magistrate. Hausladen appealed to this Court, which reversed the district court's decision. Sahlin filed a petition for review with the Idaho Supreme Court, which was granted. The Court vacated the district court's order affirming the magistrate and remanded for a determination as to whether Sahlin was entitled to payment pursuant to I.C. § 32-717D(3) and I.R.C.P. 16(1)(11). Hausladen v. Knoche, 149 Idaho 449, 454, 235 P.3d 399, 404 (2010). On remand, the magistrate required Hausladen to pay Sahlin $667.50 plus statutory interest. Hausladen appealed to the district court, which dismissed the appeal. Hausladen again appeals.

II. ANALYSIS

Hausladen argues the district court erred by dismissing his appeal. The district court conditionally dismissed Hausladen's appeal because it determined the magistrate had not entered a final appealable judgment regarding parenting coordinator fees because the judgment did not contain an I.R.C.P. 54(b) certificate and Hausladen had not sought permission to appeal pursuant to I.A.R. 12(a). The district court explained Hausladen had thirty days to correct the deficiencies or his appeal would be dismissed. After Hausladen failed to correct the deficiencies, the district court entered an order dismissing Hausladen's appeal.

Idaho Rule of Civil Procedure 54(b)(1) provides:

When more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third party claim, or when multiple parties are involved, the court may direct the entry of a final judgment upon one or more but less than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of the judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates less than all the claims or the rights and liabilities of less than all the parties shall not terminate the actions as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties. . . . ...

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