Alaska Supreme Court
David J. McCARTER, Jr., Appellant v. Deborah A. McCARTER (n/K/A Deborah A. Valdez), Appellee
July 5, 20132013 Alas. LEXIS 83
Summary
The Alaska Supreme Court affirmed the superior court’s judgment enforcing the property settlement agreement between David J. McCarter, Jr. and Deborah A. Valdez. The Court held that the lower court did not err in interpreting the ambiguous agreement under contract principles, was not required to vacate its provisions, was correct in refusing to modify the agreement absent a Rule 60(b) motion, and properly rejected the appellant’s unclean‑hands and frustration‑of‑purpose defenses. The statutory finding requirements applicable to the issuance of a dissolution decree were deemed irrelevant to subsequent enforcement.