Search Corbin's Blog
Thursday, July 26, 2012
Saturday, July 21, 2012
Settlement Agreement/Decree Controls over underlying Contractual Agreement
The
parties signed a settlement agreement, then divorced. The division of assets
included two businesses subject to an operating agreement that required
arbitration of disputes. However, the settlement agreement included the
following language: ''Enforcement. The Court shall be requested to approve this Agreement as
fair and equitable, and to incorporate this Agreement into any Decree of
Dissolution of the parties, and to specify that it shall be enforceable
through execution, contempt citation, and/or by the remedies provided by law
for specific performance or breach of contract." The Montana Supreme
Court held that the district court properly addressed the disputes between
the parties as to the settlement agreement, and that the parties were not
required to engage in arbitration. Marriage of Cini, 2011 MT 295 |
Irresponsible Grampa Replaced as Guardian
The mother of a one year old was killed in a motor vehicle accident. Initially, the maternal grandfather was appointed guardian and conservator with a finding that the father's parental rights were suspended by circumstance. But the grandfather smoked both tobacco and marijuana and "borrowed" money from the grandchild's account. Grandmother from Hawaii petitioned to replace the grandfather. District Court granted her motion, which was affirmed by the Supreme Court. Guardianship of R.T. 2012 MT 148N |
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