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· 8/29/2018

April Doris Schmidt v. Aaron Errol Ankrom

Syllabus

In this appeal, the marital dissolution agreement at issue stated the parties' intent to enter into a separate farm lease agreement for up to 7 years, upon completion of which the exwife could sell the property subject to the ex-husband's right of first refusal. However, the parties never entered into the contemplated farm lease. The ex-wife, desiring to sell the property prior to the passing of 7 years, brought a declaratory judgment action seeking a declaration of the rights of the parties under the marital dissolution agreement. The trial court held that the ex-wife would be in breach of the agreement if she sold the property prior to 7 years and awarded attorney's fees to the ex-husband. The ex-wife appeals. We reverse.

Judges: Judge John W. McClarty

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