S-18-0382 Mick E. Bayne (Appellant) v. Brittney J. Bayne
Douglas County, Hon. Timothy P. Burns
Attorneys: John A. Kinney (Kinney Mason, P.C., L.L.O.) --- James M. Buchanan (James M. Buchanan, PC, LLO)
Civil: Divorce decree; property settlement agreement; declaratory judgement
Proceedings Below: The district court entered a declaratory judgement in favor of Appellee finding she had timely refinanced the home and Appellant was not entitled to proceeds.
Issues: The district court erred to the prejudice of Appellant by 1) construing the language in the decree in a manner other than its plain meaning, and 2) failing to declare that the terms of the decree could only be interpreted from the four corners of the document, that there was no ambiguity, and that Appellant was not entitled to one half of the proceed from the sale of the property.