The above entitled-matter came before the Honorable Thomas Fraser, Retired Judge of District Court and Consensual Special Magistrate, on October 25, 2024, in Courtroom 637, Hennepin County Family Justice Center, 110 South Fourth Street, Minneapolis, Minnesota.
Petitioner Helena Koivu was not represented by counsel and did not appear.
Respondent Mikko Sakari Koivu was not present and was represented by Seungwon R. Chung, Esq.
Based upon the testimony heard, the evidence received, the arguments of counsel, and the files, records and proceedings herein, the Court makes the following:
Findings
1. Mr. Koivu and Ms. Koivu divorced by Findings of Fact, Conclusions of Law and Judgment and Decree dated July 27, 2023 (“Divorce Decree”). In the Divorce Decree, this Court awarded Mr. Koivu the real property in Turku, Finland, described *** Turku, Finland, also referred to as the Turku cabin.
2. At trial, Ms. Koivu did not request to retain joint interest in the Turku property and did not contest that the Turku property was underwater, which the Court found. 27-FA-20-872 Filed in District Court State of Minnesota 11/4/2024 1:27 PM2
3. In its Order for Service by Alternative Means dated November 21, 2023, this Court ordered that Ms. Koivu could be served by alternative means (by email and U.S. mail) in contempt proceedings because personal service could not be made.
4. In CSM Order #19 (Contempt) dated December 11, 2023, this Court found Ms. Koivu in constructive civil contempt for her failure to transfer the Turku summer cabin to Mr. Koivu, sentenced Ms. Koivu to serve fourteen (14) days in the Hennepin County Adult Correctional Facility, and stayed that sentenced by compliance that Ms. Koivu execute transfer documents for the Turku summer cabin to Mr. Koivu and appear at the Mahady hearing. The Court incorporates all the findings from CSM Order #19. CSM Order #19 was served consistent with the Order for Service by Alternative Means.
5. After ordering Ms. Koivu’s conditional confinement, this Court scheduled a Mahady hearing—first for January 18, 2024 and then April 15, 2024 following Ms. Koivu’s continuance request. Prior to the April hearing, Mr. Koivu requested a continuance of the Mahady hearing to allow parties to attempt settlement. Mr. Koivu later informed the Court the parties were unable to settle and this Court scheduled a Mahady hearing for October 25, 2024.
6. An Order for Show Cause for the Mahady hearing was filed on October 4, 2024. Service of the Order to Show Cause was made consistent with the Order for Service by Alternative Means.
7. A certificate of non-delivery from a Finnish process server states that Ms. Koivu was informed of service attempts for the Order to Show Cause on October 7. The Finnish process server made several attempts to personally serve Ms. Koivu with the Order to Show Cause and concluded that “Ms. Koivu is avoiding the delivery of service.”
8. The Court finds that Ms. Koivu was served with the Order to Show Cause consistent with the Order for Service by Alternative Means, and she otherwise had notice of the October 25, 2024 Mahady hearing.
9. Ms. Koivu was provided with a copy of the Turku transfer document at least eight times in this proceeding—at least seven times from her prior counsel and additional attempts were made by Mr. Koivu’s counsel. Aff. of J. Todd dated Nov. 13, 2023 ¶2; Aff. of m boulette dated Nov. 11, 2023 at 4.
10. At the Mahady hearing, Ms. Koivu failed to appear. The Court waited more than half an hour for Ms. Koivu to arrive, but commenced the hearing when she did not show up. Prior to the hearing, on October 11, 2024, Ms. Koivu submitted a message to court administration in which she stated: “I will not be attending the upcoming hearing on October 25th, as Minnesota has no jurisdiction over these matters.”
11. The Court finds that Ms. Koivu has failed to show compliance with the purge condition from CSM Order #19 as of the Mahady hearing. The Court never received an executed copy of the Turku transfer documents. In addition, Ms. Koivu emailed the Court on September 12, 2024 stating that she “retain[ed] partial ownership” of the Turku cabin and Mr. Koivu reports that she “keeps forcing her way into [the Turku cabin] and claiming she owns it.” Aff. of M. Koivu dated Sept. 4, 2024 ¶18. Ms. Koivu’s statements and conduct support a finding that she’s failed to comply with the purge condition.
12. Ms. Koivu’s cited at least three reasons why she refuses to comply. First, she claimed that she would appeal the award of the Turku cabin at the Minnesota Court of Appeals. Second, Ms. Koivu insisted that she will not sign the documents based on advice from Finnish counsel. She has never provided documentation to support that advice. Finally, she argued that the Court does not have jurisdiction over property in Finland.
13. None of these excuses are valid. First, Ms. Koivu failed to raise the issue of the Turku cabin on appeal and, even had she, that appeal is now concluded with the Minnesota Court of Appeals affirming this Court’s orders on all issues. Koivu v. Koivu , A23-0890, A23-1267, 2024 WL 4481374 (Minn. Ct. App. Oct. 14, 2024). Second, Ms. Koivu failed to provide evidence of Finnish counsel’s advice. Even if she had, advice of legal counsel to violate a court order is not a valid excuse.
14. Ms. Koivu’s last argument on jurisdiction similarly fails for two reasons. To begin, the Court only needs in personam jurisdiction, not in rem jurisdiction to award property outside the state of Minnesota. Pavelka v. Pavelka , 133 176, 177 (Minn. 1911). Ms. Koivu has never challenged this Court’s in personam jurisdiction in this divorce, which she initiated. As such, this Court can thus exercise that jurisdiction to order specific performance of the conveyance of property, which this Court has here. Giles v. Gageby , 580 N.W.2d 52, 54 (Minn. Ct. App. 1998). Second, Ms. Koivu failed to challenge the Court’s jurisdiction to award the Turku cabin either at trial or on appeal and thus this Court’s order is binding. See Diseth v. Calder Mfg., 147 N.W.2d 100, 103 (Minn. 1966) (finding that decisions are “final after the time to appeal has expired”).
Conclusions of Law
15. This Court begins by incorporating its findings of contempt from CSM Order #19, in which this Court found Ms. Koivu in contempt for failing to transfer the Turku cabin to Mr. Koivu.
16. In cases of constructive contempt, this Court must generally afford the same personal service as required by a summons served in an action. Minn. Stat. § 588.04(a); Minn. R. Civ. P. 4.03. In divorces, Minnesota statute permit courts to order service of the summons by alternate means. Minn. Stat. § 518.11(b). Here, this Court granted an Order for Service by Alternative Means and finds that this contempt pleading was properly initiated by service on Ms. Koivu of Mr. Koivu’s initial pleadings and subsequent court orders and orders to show cause, pursuant to that alternative service order.
17. Moreover, this Court finds that Ms. Koivu’s communication with Seiska, a Finnish tabloid, confirms her notice and understanding of the contempt proceedings. This August, Ms. Koivu admitted that “she has been asked to sign a document related to the [Turku cabin]” and told Seiska “it could very well be possible that she will end up in jail when she goes back to the U.S.” See Aff. of M. Koivu dated Sept. 4, 2024, Ex. K at 59. A month later, Mr. Koivu’s counsel informed the Court that Ms. Koivu had provided Seiska with a copy of a letter that stated that Ms. Koivu could be jailed if she did not sign the Turku transfer documents.
18. Beyond service in this matter, a contempt proceeding is proper where the contemnor “has taken some affirmative step invoking the power of the court or implicitly recognizing its jurisdiction.” Gorz v. Gorz , 552 N.W.2d 566, 570 (Minn. Ct. App. 1996). Here, Ms. Koivu “invoked the court’s jurisdiction over [herself] and [this divorce]” by initiating divorce in Minnesota. Id. Ms. Koivu participated in her divorce trial on every issue including on the award of the Turku cabin, and brought several motions before this Court. Ms. Koivu’s confinement was ordered at a Hopp hearing, where Ms. Koivu appeared and this Court inquired of Ms. Koivu about her compliance with the Court’s orders. This Court finds that Ms. Koivu has failed to show that the Court lacks jurisdiction to enforce its orders by contempt.
19. Once conditional confinement is ordered, the Court must provide the contemnor with a second-stage hearing to determine if purging conditions were performed or if non-performance was excusable when a conditional contempt order is entered and before incarceration can be ordered. Mahady v. Mahady , 448 N.W.2d 888, 890 (Minn. Ct. App. 1989). The contemnor has the burden of proof at the Mahady hearing to offer sufficient evidence to establish that she made a good faith effort to conform to the purge condition. Hopp v. Hopp , 156 N.W.2d 212, 217 (Minn. 1968); Hopp , 448 N.W.2d at 892.
20. Here, the Court gave Ms. Koivu “the keys to the jail cell” by conditioning her confinement on her failure to “execute and return to Mr. Koivu’s counsel the necessary transfer documents for the Turku Property.” Mahady , 448 N.W.2d at 890; CSM Order #19 at 7.
21. The Court finds that Ms. Koivu failed to meet her burden to show compliance with the purge condition. There’s no evidence that Ms. Koivu “execute[d] and return[ed] to Mr. Koivu’s counsel” the Turku transfer documents. Likewise, Ms. Koivu has made repeated statements indicating she did not plan to comply with the purge condition. Because Ms. Koivu failed to appear at the Mahady hearing, Ms. Koivu failed to show that her noncompliance is excusable or otherwise meet her "burden of proving inability" to meet the purge condition. Mahad y, 448 N.W.2d at 8890. Nor could she prove inability, since all Ms. Koivu had to do was sign the Turku transfer document that had been provided to her at least eight times.
22. This Court also finds that all other attempts to induce compliance besides contempt have failed. The Court likewise finds that incarceration will induce compliance and orders that Ms. Koivu may release herself from confinement by signing the Turku transfer documents, attached with this order. Mahad y, 448 N.W.2d at 890 ("A civil contempt order cannot impose a fixed sentence, but must allow the contemnor to obtain release by compliance.").
23. Finally, Ms. Koivu fails to show that this Court lacks jurisdiction to address her noncompliance with contempt. This Court only needs in personam jurisdiction over Ms. Koivu in this divorce to "compel a conveyance of real estate" for property located outside of Minnesota. P avelka, 133 N.W. at 177. Unlike property in Minnesota where execution is the "ordinary and adequate remedy, " this Court can provide no other remedy to effectuate the Turku property transfer other than contempt for Ms. Koivu's failure to comply with specific performance. See Bur gardt v. Bur gardt, 474 N.W.2d 235, 236-37 (Minn. Ct. App. 1991). For those reasons, this Court finds that it has jurisdiction to address Ms. Koivu's noncompliance.
Order
1. Ms. Koivu's stay of sentence is herby revoked and a bench warrant shall be issued for Ms. Koivu's arrest.
2. Ms. Koivu is committed to the Hennepin County Adult Correctional Facility for a period of fourteen (14) days. A writ of commitment for Ms. Koivu's incarceration shall be issued. Ms. Koivu shall not be entitled to good time credit or early release. The period of incarceration ordered herein shall be consecutive to, and shall not run concurrent with, any other sentences for or in any other matters.
3. Ms. Koivu may obtain her release by signing the transfer documents for the Turku property, attached to this Order as Addendum 1.
4. Except as modified herein, all previous orders of this Court shall remain in full force and effect.
Dated: November 4, 2024