285 P.3d 273
Alaska2012Background
- Chad and Jessica Lewis divorced after a 1997 marriage and a 2010 separation.
- They attended a July 2011 settlement conference where they ostensibly agreed to asset division.
- The superior court then recited the settlement terms on the record regarding the home with Citibank mortgage and HELOC and a buyout formula.
- Jessica submitted proposed findings of fact and conclusions of law reflecting terms different from the on-record recitation; Chad objected.
- The court adopted Jessica's proposed findings, and Chad appeals, arguing there was no meeting of the minds and the terms were unenforceable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the parties intend the on-record terms to control? | Chad: meeting on record controlled terms. | Chad: agreement reflected on record bound parties. | No meeting of the minds; terms recited on record unenforceable. |
| If ambiguity exists, should an evidentiary hearing have occurred? | Chad argues ambiguity requires hearing to determine intent. | Chad contends court should have held an evidentiary hearing. | Court erred in relying on unavailable intent; vacate and remand for new division. |
Key Cases Cited
- Crane v. Crane, 986 P.2d 881 (Alaska 1999) (establishes contract formation standards)
- Juliano v. Angelini, 708 P.2d 1289 (Alaska 1985) (clarifies meeting of the minds and memorialization)
- Ford v. Ford, 68 P.3d 1258 (Alaska 2003) (contracts and intent to be bound)
- Mullins v. Oates, 179 P.3d 930 (Alaska 2008) (announced additions to settlement agreements void)
- Young v. Hobbs, 916 P.2d 485 (Alaska 1996) (guidance on contract interpretation and intent)
- Childs v. Kalgin Island Lodge, 779 P.2d 310 (Alaska 1989) (cites contract and settlement principles)
- Zeman v. Lufthansa German Airlines, 699 P.2d 1274 (Alaska 1985) (cites procedural and reliance principles)