Marriage of Smith CA4/2

I. FACTS AND PROCEDURAL BACKGROUND

The marriage of Mark and Kierstin was dissolved in 2002, but they remain

engaged in litigation regarding child support. As relevant to the present appeal, Kierstin

has alleged that Mark is hiding assets in various businesses owned by Cindy, including

RE Property Investors, Inc., which was joined as a party to the action in June 2009.

Thereafter, Kierstin propounded a set of document requests on RE Property Investors,

Inc., disputes arose, and a motion to compel further production of documents followed.

On August 2, 2010, the trial court granted Kierstin’s motion to compel, but denied any

award of sanctions or attorney fees. The court’s order—memorialized in a minute order

issued by the court and later a notice of ruling prepared by Kierstin’s counsel—specifies

that any documents RE Property Investors, Inc. produces to Kierstin are to be viewed by

Kierstin, her counsel, and her investigators only, and that neither the documents

themselves, nor the information therein may be provided to any third parties; the order

2 further includes the proviso that the documents are not to leave counsel’s office, with the

sole exception that the…