Mansuetta v. Mansuetta

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Mansuetta v. Mansuetta

Case Number
Call Date
December 5, 2016
Court Number
Case Summary

S-16-0116 Valerie A. Mansuetta (appellant) v. Nicholas T. Mansuetta (appellee)

District Court for Buffalo County, Hon. William T. Wright.

Attorneys: Kent A. Schroeder (Ross, Schroeder & George, LLC) (appellant); Heather Swanson Murray (Swanson Murray Law, LLC) (appellee)

Civil: prenuptial agreement

Proceedings below: After Nicholas T. Mansuetta filed a complaint for dissolution of marriage in a separate case, Valerie A. Mansuetta filed a complaint for declaratory judgment seeking an order regarding the parties' rights pursuant to a prenuptial agreement between Nicholas and Valerie. The district court for Buffalo County found the agreement to be wholly valid and enforceable in all aspects. Valerie appeals.

Issue: Valerie claims that the district court erred when it (1) determined that genuine issues of material fact existed and therefore denied Valerie's motion for partial summary judgment, (2) determined that the prenuptial agreement of the parties was wholly valid and enforceable in all aspects, (3) determined that it was necessary for Valerie to demonstrate that she was destitute in order to obtain temporary spousal support, (4) determined that certain terms of the prenuptial agreement were not ambiguous, (5) sustained Nicholas' motion to exclude testimony of Larry Beucke, (6) precluded the testimony of Larry Beucke, (7) required Valerie to present her evidence first, erroneously shifting the burden from the proponent of the prenuptial agreement to the party contesting the prenuptial agreement.