This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2006).
STATE OF
IN COURT OF APPEALS
A06-1788
In re the Marriage of:
Lawrence
Wayne Schneider, petitioner,
Respondent,
vs.
Jill Lynn Schneider,
Respondent Below,
County of Anoka, intervenor,
Appellant.
Filed August 28, 2007
Reversed
Peterson, Judge
Anoka County District Court
File No. F4-02-2516
Lawrence W.
Schneider,
Robert M.A. Johnson, Anoka County Attorney, Bethany A. Lindberg, D. Marie Sieber, Assistant County Attorneys, Anoka County Government Center, 2100 Third Avenue, Seventh Floor, Anoka, MN 55303 (for appellant)
Considered and decided by Ross, Presiding Judge; Peterson, Judge; and Shumaker, Judge.
U N P U B L I S H E D O P I N I O N
PETERSON, Judge
In this child-support-related dispute involving the suspension of respondent-father’s driver’s license, appellant-county argues that the record does not support the fine imposed on the county for erroneously suspending father’s driver’s license. We reverse.
At the April 2006 review hearing, the county admitted that, contrary to the CSM’s order, respondent’s license had been suspended due to actions of the county’s child-support department and was still suspended. The CSM imposed a $150 fine against the county to reimburse respondent for reasonable costs incurred as a result of the county’s wrongful suspension of his driver’s license, and judgment was entered accordingly. The district court affirmed the CSM’s order. This appeal followed.
D E C I S I O N
The county argues that the fine imposed against it should be reversed because the evidence does not support the finding that respondent incurred $150 in costs as a result of the suspension of his driver’s license.
When a
district court affirms a CSM’s ruling, the CSM’s ruling becomes the ruling of
the district court, and an appellate court reviews the district court’s
decision. Kilpatrick v. Kilpatrick, 673 N.W.2d 528, 530 n.2 (Minn. App. 2004). There is no statutory authority authorizing
the fine imposed against the county.
Thus, if authority exists, it would arise under the district court’s
inherent power to award equitable relief.
See DeLa Rosa v. DeLa Rosa, 309 N.W.2d 755, 757-58 (
The
decision to grant equitable relief is within the discretion of the court and
will not be reversed unless there is a clear abuse of that discretion. Medtronic,
Inc. v. Advanced Bionics Corp., 630 N.W.2d 438, 450 (
The district court specifically stated that it awarded respondent $150 for reasonable costs incurred as a result of the county’s wrongful suspension of his driver’s license. Respondent indicated at the April 2006 review hearing that it had been difficult for him to seek employment without a driver’s license. But he presented no evidence of specific costs incurred or job-seeking opportunities missed as a result of the suspension of his driver’s license. Because the record contains no evidence regarding costs incurred by respondent as a result of the suspension of his driver’s license and the incurrence of costs by respondent was the stated reason for imposing the fine against the county, the district court abused its discretion in imposing the fine, and we reverse.
Because we are reversing on evidentiary grounds, we need not address the county’s argument that the district court did not have inherent authority to impose the fine.
Reversed.