No. 96-689 IN THE SUPREME COURT OF THE STATE OF MONTANA 1997
IN RE MARRIAGE OF JACK N. KINNEY,

Petitioner and Respondent, and SANDRA L. ROBERTS NELSON-KINNEY,

Respondent and Appellant.

APPEAL FROM: District Court of the Fifth Judicial District,

In and for the County of Jefferson, The Honorable Frank M. Davis, Judge presiding.
COUNSEL OF RECORD:

For Appellant: Sandra L. Roberts Nelson-Kinney, Pro Se, Clancy, Montana For Respondent: Eric Rasmusson, Attorney at Law, Boulder, Montana
Submitted on Briefs: May 22, 1997
Filed: Decided: June 9 I 1997MEMORANDUM

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1995 Internal Operating Rules,the following decisionshallnot be cited asprecedent and shall be published by its filing asa public documentwith the Clerk of the Supreme Court and by a report of its result to State Reporter Publishing Company and West Publishing Company. This is an appeal,

pro se, by Sandra

L. Roberts Nelson-Kinney. Sandra appealsfrom the final decreeof dissolution issuedby the Fifth Judicial District Court, Jefferson County. Shedisagrees

with the distribution of real property. We affirm. The parties were married on January 19, 1982,and their marriage was dissolved on October 9, 1991. The October 9, 1991,decreeof dissolution disposedof all matters except the issueof dispositionof real property, dueto the interest of a third party. The real property at issue is located at 78 and 80 Alhambra Road, Clancy, Montana. On or about April 9, 1996, Jack N. Kinney filed his requestto finalize the decreeof dissolution. The District Court held a hearing on May 2, 1996. After the hearing, the District Court enteredfindings of fact, conclusions of law, and a final decreeof dissolution. The District Court awarded the real property at issueto Jack. Following entry ofthe District Court’s findings of fact, conclusions of law, anddecree, Sandra, appearing pro se, filed an appeal. This Court summarizes Sandra’sassertions, statements,

and arguments in her initial brief as follows: (1) alleged marital misconduct by Jack, (2) Sandra’s

allegeddesireto reconcile with Jack; (3) re-open the entire proceedings, including the 1991decreeof dissolution; (4) District Court JudgeFrank M. Davis, attorney 2Bob Cummings, counsel for Jack,andthe entire legalsystemhasconspired to deprive Sandra of the Clancy property; (5) other judicial proceedings she was involved with in some capacity; (6) allegations

that Jackphysically, sexually,and emotionally abused Sandra during the course of the marriage; and (7) Jack’salleged link to white supremacist groups. This Court concludesthat the foregoing argumentsare irrelevant and do not concern the issue before this Court. In the District Court’s findings of fact, conclusionsof law, and decree,Judge Davis found that Jack and his brother, Ken, purchased the real property in July 1981, andthat they madeall the paymentsand improvementsthereon. The District Court determined that there
was no credible or admissible evidence of any financial contribution made by Sandra for the purchase of the property. The District Court also considered such factors asthe length of the marriage, the comparativeages and health, employment statusand skills, respective income, respective contributions, and sourceof property. Thesefactors, as set forth in 5 40-4-202, MCA, were resolved by the District Court in favor of Jack and against Sandra. Having reviewed the entire record in this case, we conclude that there was no reversible error committed by the trial court and we agree with the District Court’s rationale anddecisionin its findings of fact and conclusions of law datedNovember 6, 1996,and final decreeof dissolution enteredon November 22, 1996. Affirmed.

3June 9, 1997 CERTIFICATE OF SERVICE I hereby certify that the following certified order was sent by United States mail, prepaid, to the following named: SANDRA L. ROBERTS NELSON-KINNEY 80 OLD ALHAMBRA ROAD CLANCY MT 59634 ERIC RASMUSSON ATTORNEY AT LAW PO BOX 581 BOULDER MT 59632-0587
ED SMITH CLERK OF THE SUPREME COURT STATE OF MONTANA