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474 P.3d 648
Alaska
2020
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Background

  • Jody D. Schindler and Kelly A. Price filed for divorce in 2016; the superior court issued a property-division judgment in June 2018.
  • The court valued the marital home at $269,000, awarded the home (and a $205,000 mortgage) to Schindler, and ordered him to pay Price an equalization payment of roughly $41,000.
  • Schindler did not appeal the 2018 judgment. After judgment he marketed the house and accepted offers in 2019 (initially $229,900, later $237,400).
  • Schindler moved to modify the property division; the superior court (after referral to a family court master) denied relief in May 2019.
  • Schindler then sought relief from judgment under Alaska R. Civ. P. 60(b)(2) and 60(b)(6), arguing the post-judgment sale offers showed the court had mis-valued the home; the superior court denied the Rule 60(b) motion.
  • The Alaska Supreme Court affirmed, concluding the post-judgment offers were not "newly discovered evidence" and did not present the extraordinary circumstances required under Rule 60(b)(6).

Issues

Issue Plaintiff's Argument (Schindler) Defendant's Argument (Price) Held
Whether post-judgment sale offers are "newly discovered evidence" under Rule 60(b)(2) The sale offers demonstrate the court mis-valued the house and thus constitute newly discovered evidence warranting relief The offers arose after judgment and are new facts, not existing facts that were merely undiscovered at trial Denied — offers arose after trial and are new facts, not "newly discovered" evidence for Rule 60(b)(2)
Whether relief is warranted under the catch‑all Rule 60(b)(6) The mis-valuation makes the equalization payment unjust and constitutes another reason justifying relief No extraordinary circumstances: the fundamental assumption (Schindler receiving the house) remains intact; division was not "poorly thought out"; sale realization was Schindler’s choice Denied — did not meet Schofield factors or show extraordinary circumstances; affirming division does not produce injustice

Key Cases Cited

  • Olson v. Olson, 856 P.2d 482 (Alaska 1993) (post-trial events that did not exist at time of trial are not "newly discovered" evidence under Rule 60(b)(2))
  • Cook v. Cook, 249 P.3d 1070 (Alaska 2011) (standard of review and limited scope of Rule 60(b); Rule 60(b)(6) requires extraordinary circumstances)
  • Schofield v. Schofield, 777 P.2d 197 (Alaska 1989) (identifies factors that may show extraordinary circumstances for reopening property divisions)
  • Nordin Constr. Co. v. City of Nome, 489 P.2d 455 (Alaska 1971) (policy against reopening judgments based on facts arising after trial)
  • Morris v. Morris, 908 P.2d 425 (Alaska 1995) (Rule 60(b) is not a substitute for a timely appeal)
  • Richard v. Boggs, 162 P.3d 629 (Alaska 2007) (example of what constitutes a "poorly thought out" property division)
Read the full case

Case Details

Case Name: Jody D. Schindler v. Kelly A. Schindler, n/k/a Kelly A. Price
Court Name: Alaska Supreme Court
Date Published: Oct 23, 2020
Citations: 474 P.3d 648; S17623
Docket Number: S17623
Court Abbreviation: Alaska
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