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 1997 
MEMORANDUM 

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1995 Internal 

Operating Rules, the following decision shall not be cited as precedent and shall be published 

by its filing as a public document with 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 appeals from 

the final decree of dissolution issued by the Fifth Judicial District Court, Jefferson County. 

She disagrees 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, decree of dissolution disposed of all matters except 

the issue of disposition of real property, due to 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 request to finalize the decree of 

dissolution. The District Court held a hearing on May 2, 1996. After the hearing, the 

District Court entered findings of fact, conclusions of law, and a final decree of dissolution. 

The District Court awarded the real property at issue to Jack. 

Following entry ofthe District Court’s findings of fact, conclusions of law, and decree, 

Sandra, appearing pro se, filed an appeal. This Court summarizes Sandra’s assertions, 

statements, and arguments in her initial brief as follows: (1) alleged marital misconduct by 

Jack, (2) Sandra’s alleged desire to reconcile with Jack; (3) re-open the entire proceedings, 

including the 1991 decree of dissolution; (4) District Court Judge Frank M. Davis, attorney 

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Bob Cummings, counsel for Jack, and the entire legal system has conspired to deprive Sandra 

of the Clancy property; (5) other judicial proceedings she was involved with in some 

capacity; (6) allegations that Jack physically, sexually, and emotionally abused Sandra during 

the course of the marriage; and (7) Jack’s alleged link to white supremacist groups. This 

Court concludes that the foregoing arguments are irrelevant and do not concern the issue 

before this Court. 

In the District Court’s findings of fact, conclusions of law, and decree, Judge Davis 

found that Jack and his brother, Ken, purchased the real property in July 198 1, and that they 

made all the payments and improvements thereon. 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 as the length of the 

marriage, the comparative ages and health, employment status and skills, respective income, 

respective contributions, and source of property. These factors, 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 

and decision in its findings of fact and conclusions of law dated November 6, 1996, and final 

decree of dissolution entered on November 22, 1996. 

Affirmed. 

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June 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