This was a two year marriage. Husband and Wife signed a settlement agreement following a nine hour settlement conference. The agreement was filed. The District Court approved the agreement and incorporated it in the Final Decree. Husband appealed on two grounds: 1) the District Court finding that the agreement was not unconscionable; and 2) that the summons issued did not include the temporary restraining order required by Section 40-4-121(3) MCA.
The Supreme Court found that Husband had failed to challenge the findings before filing his appeal and indeed acquiesed in those findings. Husband's failure to object before the District Court to the approval of the agreement or the other findings in the decree were fatal to his claim on appeal.
The Decree expressly vacated any temporary restraining orders. So Husband's claim that the clerk failed to comply with the statute requiring the automatic economic restraining order on appeal was moot.
Affirmed.
Smith v. Barger, 2012 MT 225N
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