In re Marriage of Matheny.

2024 COA 81. No. 23CA0937. Colorado Rules for Magistrates—Review of District Court Magistrate Orders or Judgments—Final Appealable Order.

August 1, 2024

Mother moved for a contempt finding against father for his alleged violation of an allocation of parental responsibilities (APR) order. The magistrate found that although father had admitted to violating the APR order, mother had not proved the specific violations alleged in her motion. The magistrate dismissed mother’s motion with prejudice. Mother then petitioned for review in district court. The district court reversed the magistrate’s dismissal and remanded the case so that the magistrate could conduct further proceedings. Father moved for reconsideration, a remand, or dismissal of the district court’s order, which the court summarily denied.

On appeal, father raised several issues on the merits. Under Colo. R. Mag. 7(a)(10), a district court may adopt, modify, or reject a magistrate’s order. But when a district court rejects a magistrate’s order, it cannot remand the case for the magistrate to reconsider the ruling or conduct further proceedings; instead, the district court must enter a ruling that constitutes a final appealable order. Here, because the district court reversed the magistrate’s finding that father was not in contempt of the APR order, it was required to resolve mother’s request for contempt on the merits, but it did not do so. Therefore, there is no final order.

The appeal was dismissed without prejudice.