(DOWNLOAD) "Young V. Burkholder" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Young V. Burkholder
- Author : Arizona Court of Appeals
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The issue in this appeal is whether the property settlement agreement entered into by the parties prior to the dissolution of their marriage merged in the decree of dissolution so that it is no longer separately enforceable as a contract. Appellant Karen Young brought suit for breach of contract against the appellee, Donald K. Burkholder, asserting that Burkholder had breached the settlement agreement by refusing to pay for the college expenses of one of the children of the parties who had attended college after reaching the age of majority. Burkholder filed a motion to dismiss the complaint for failure to state a claim urging that the settlement agreement had merged in the court's final decree of dissolution. However, both parties submitted affidavits which were not excluded by the court, thus requiring that the motion to dismiss be treated as a motion for summary judgment. See Rule 12(b), Arizona Rules of Civil Procedure. Young countered with an oral motion for partial summary judgment.*fn1 The trial court denied Young's motion for partial summary judgment and granted Burkholder's motion dismissing the complaint and this appeal followed. Young's position on appeal is that no merger occurred, or, that at the very least, a fact question is presented as to whether a merger occurred which should have precluded summary dismissal of the contract action.