Samiec v. Fermelia
Annotate this CaseUpon Father's and Mother's divorce, the parties executed a settlement agreement that awarded Mother primary residential custody of the two children. The agreement was incorporated into the parties' divorce decree. Father later filed a petition to modify the divorce decree, seeking custody of the children. Prior to a hearing, the parties resolved their custody issues. The district court then entered an order interpreting the divorce decree provisions that governed payment of counseling and medical expenses for the parties' children. Father appealed, contending (1) because this case was submitted to the court as a stipulated or agreed case and only queried the meaning of "counseling" generally, the district court improperly answered the question in the context of the parties' dispute; and (2) the court erred in considering extrinsic evidence in analyzing the settlement agreement and in denying Father's motion for a continuance at the hearing. Because Father failed to submit a hearing transcript or statement of evidence, the Supreme Court affirmed, holding (1) no error of law appeared on the record; and (2) in this purported agreed on case, the context presented to the district court was presumptively adequate to satisfy the requirements of Koontz v. South Superior.
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