S-24-0751 Kristine Benda, f/k/a Kristine Sole (Appellee) v. Joshua Sole (Appellant)
Appeal from the District Court for Scotts Bluff County, Judge Andrea Miller
Attorneys: Sterling T. Huff (Attorney for Appellant) and Ryan M. Swaroff and Abbie L. DeWitte (Rembolt Ludtke, LLP for Appellee)
Civil: Legal separation, dissolution of marriage, and settlement agreement
Proceedings below: The district court vacated a prior decree of dissolution of marriage and entered a new decree. It also declined to vacate a prior decree of legal separation and rejected Appellant’s argument that the settlement agreement was unconscionable. On its own motion, the Court ordered that this case be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The trial court erred in not setting aside the decree of legal separation for a lack of jurisdiction; 2) The trial court erred in not setting aside the decree of legal separation as the parties settlement agreement was unconscionable; 3) The trial court erred in entering a decree of dissolution, the second time, (on October 1,2024); 4) The trial court erred in entering a decree of dissolution, the second time, (on October 1,2024), and approving the parties settlement agreement, that the Appellant withdrew from and challenged, as the same was unconscionable; 5) The trial court erred in entering a decree of dissolution, the second time, (on October 1,2024), as the same was barred by issue preclusion, as the trial court never set aside the decree of legal separation; 6) The settlement agreements(s) presented to the court were unconscionable, should not have been approved, and should have been set aside by the trial court; and 7) The trial court erred in receiving Exhibits 17, 18, 19, and 20 from the Plaintiff/Appellee.