AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves a final decree of dissolution of marriage between Katherine L. Cowley (Petitioner-Appellee) and William Cowley (Respondent-Appellant). The appeal focuses on the disposition of the proceeds from the sale of the marital residence.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Petitioner-Appellee: Argued that the unchallenged aspects of the final decree, including child custody, communication, child support, healthcare, financial disclosures, the restoration of Petitioner’s name, and indemnification, should remain intact (para 3).
• Respondent-Appellant: Raised concerns regarding the disposition of the proceeds from the sale of the marital residence, challenging the final decree on this issue (para 4).

Legal Issues

• Whether the unchallenged aspects of the final decree should remain intact.
• Whether the appeal concerning the disposition of the proceeds from the sale of the marital residence should be dismissed due to the absence of specific requests for findings of fact and conclusions of law by the Respondent.

Disposition

• The Court decided to vacate the portion of the decree concerning the disposition of the proceeds from the sale of the marital residence and remanded for further proceedings on this issue, while leaving other unchallenged aspects of the final decree undisturbed (para 5).

Reasons

• Per M. Monica Zamora, Chief Judge (J. Miles Hanisee, Judge, and Jennifer L. Attrep, Judge, concurring):
  The Court initially proposed to vacate and remand for further proceedings based on the appeal from the Respondent. After considering the Petitioner's responsive memorandum, the Court agreed that the unchallenged aspects of the final decree should remain intact (para 3). Despite the Petitioner's suggestion to dismiss the appeal regarding the marital residence's sale proceeds due to the absence of specific requests for findings of fact and conclusions of law, the Court found that this absence does not preclude appellate review. The Court noted that the issue raised by the Respondent was clearly raised below and not abandoned, thus declining the Petitioner's invitation to dismiss the appeal (para 4). Consequently, the Court concluded that the portion of the decree related to the sale proceeds must be vacated and remanded for further proceedings, while other aspects of the decree should remain unchanged (para 5).