Marriage of Lindquist
On or about December 9, 2005, appellant Eleanor Lindquist filed an application for spousal support and health insurance coverage in the marital dissolution action she had previously initiated against her then husband, respondent Jeffrey Lindquist. Unfortunately for Eleanor, between the time she initially petitioned for dissolution and when she subsequently requested court-ordered spousal supporta period of nearly 14 monthsJeffrey had filed for bankruptcy and become unemployed.
In light of a bankruptcy court order providing that the dissolution action was stayed for all purposes except for entry of the dissolution itself, the trial court denied Eleanors application for support. After the Ninth Circuit Court of Appeals subsequently vacated the stay order and mandated that Eleanor be returned to the position she would have held had the dissolution action not been improperly stayed, Eleanor moved the trial court for spousal support retroactive to the date of the improper stay order and for sanctions, which the court denied. Court conclude that the trial court did not abuse its discretion in so ruling, and thus affirm the order denying Eleanors application for retroactive spousal support and her request for sanctions.
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