474 P.3d 648
Alaska2020Background
- 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)
