Alaska Supreme Court

Cynthia L. Fernandez, Appellant v. David M. Fernandez, Appellee

November 22, 20132013 Alas. LEXIS 150

Summary

The court held that the parties' settlement arrangement did not bind Cynthia to a $33,000 payment plan after she failed to obtain the contemplated second mortgage and the subsequent negotiations failed. Because the agreement required good-faith negotiations but did not authorize the court to impose payment terms, the superior court exceeded its authority by entering judgment and setting a payment schedule. Cynthia's request for reassignment on remand was premature because she could seek disqualification in the superior court.