Mary Hanes Lancaster Lockett v. Marc Kevin Runyan Sr.

Syllabus

Appellant/Wife filed a petition for civil contempt against Appellee/Husband alleging that Husband failed to make payments on a debt owed to Wife as required under the parties' Marital Dissolution Agreement (\MDA\). The trial court: (1) held that the MDA was ambiguous (2) entered judgment for Wife in the amount of $14,636.66 (3) held that Husband was not in contempt of the MDA and (4) denied Wife attorney's fees and costs under the MDA. We conclude that the MDA was not ambiguous and that the trial court erred in allowing parol evidence of payments Husband allegedly made prior to executing the MDA. Accordingly, we: (1) reverse the trial court's finding that the MDA is ambiguous (2) reverse and modify the trial court's entry of judgment for Wife in the amount of $14,636.66 (3) vacate the trial court's finding that Husband was not in contempt and (4) reverse the trial court's denial of Wife's request for attorney's fees and costs. We remand the case for: (1) entry of judgment in favor of Wife in the amount of $82,000.00 plus post-judgment interest (2) reconsideration of the question of Husband's contempt and (3) calculation of Wife's reasonable attorney's fees, costs, and expenses incurred in the litigation, including this appeal, and entry of judgment on same.