No. 91-280 

IN THE SUPREME COURT OF THE STATE OF MONTANA 

1991 

IN RE THE MARRIAGE OF BRUCE LEE TRYAN, 

Petitioner and Respondent, 

-vs- NOV 14 599% 

APPEAL FROM: District Court of the Fifteenth Judicial District, 

In and for the County of Daniels, 

The Honorable M. James Sorte, Judge presiding. 

COUNSEL OF RECORD: 

For Appellant: 

Loren J. . 'Toole; O'Toole & O'Toole, Plentywood, 

Montana. 

For Respondent: 

Francis J. McCarvel, Attorney at Law, Glasgow, 

Montana. 

Filed: 

Submitted on briefs: October 3, 1991 

Decided: November 14, 1991 
Justice Fred J. Weber delivered the Opinion of the Court. 

On April 3, 1991, the Fifteenth Judicial District Court in 

Gallatin County held the appellant Teresa Ann Jagiello (Jagiello) 

in contempt for refusing the visitation rights of the natural 

father, Bruce Lee Tryan (Tryan). Ms. Jagiello appeals. We dismiss 

the appeal. 

Ms. Jagiello and Mr. Tryan were granted a dissolution on 

October 14, 1987. The District Court granted Ms. Jagiello 

permanent custody of their two minor children subject to Mr. 

Tryan's reasonable visitation rights. 

In August 1990, the court terminated Mr. Tryan's visitation. 

December 21, 1990, after a hearing on the matter, the court issued 

an order restoring his visitation rights. 

February 25, 1991, Mr. Tryan filed a petition moving the court 

to hold Ms. Jagiello in contempt for failing to comply with the 

visitation order. At a show cause hearing held on March 20, 1991, 

Ms. Jagiello admitted she knew of the court order restoring Mr. 

Tryan's visitation. Ms. Jagiello stated that despite the order, 

she refused to allow Mr. Tryan visitation. 

Pursuant to this hearing the court entered an order dated 

April 3, 1991, which found Ms. Jagiello in contempt and ordered her 

to pay $1,000 to Mr. Tryan as punishment and $1,168.75 in 

attorney's fees. 

Mr. Tryan contends that the order of the District Court 

holding Ms. Jagiello in contempt for failure to allow visitation is 

not an appealable order. 

2 
Section 3-1-52?, MCA, states: 

The judgment and orders of the court or judge made in 

cases of contempt are final and conclusive. There is no 

appeal, but the action of a district court or judge can 

be reviewed on a writ of certiorari by the supreme court 

or a judge thereof ... 

We agree that under § 3-1-523, MCA, and In Re the Marriage of 

O'Neill v. O'Neill, (1979), 184 Mont. 415, 603 P.2d 257, this 

appeal should be dismissed. The proper procedure for review of a 

contempt order is through a writ of certiorari. We dismiss this 

appeal. 

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

1988 Internal Operating Rules, this decision shall not be cited as 

precedent and shall be published by its filing as a public document 

with the Clerk of this Court and by a report of its result to the 

West Publishing Company. 

We Concur: 

3 
November 14, 1991 

CERTIFICATE OF SERVICE 

I hereby certify that the following order was sent by United States mail, prepaid, to the following 

named: 

Loren J. O’Toole, I1 

O’Toole & O’Toole 

P.O. Box 529 

Plentywood, MT 59254-0529 

Francis J. McCarvel 

Attorney at Law 

P.O. Box 388 

Glasgow, MT 59230 

ED SMITH 

CLERK OF THE SUPREME COURT