California Court of Appeal

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In re Marriage of Montgomery and Harwood, C055095

In an action concerning a post-judgment ruling pursuant to terms of a marriage settlement agreement, judgment denying a spouse further payments of proceeds from the sale of family residence is reversed and remanded where: 1) no evidence in the record showed that that husband communicated his intent that a payment of $25,000 be an accord and satisfaction of his debt to the wife under the judgment; and 2) the trial court erred in ruling on the issue of waiver when waiver was not at issue during a long cause hearing.

Appellate Information

  • Decided 04/01/2008
  • Published 04/01/2008

Judges

  • SIMS, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Codekas Family Law and Katherine Codekas for Appellant.

  • For Appellees:
  • Boyd & Kimball and Betsy S. Kimball for Respondent.
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