Alaska Supreme Court

Richard Wagner, Appellant v. Felicia Wagner, Appellee — Winfree, J., Dissenting

April 5, 20132013 Alas. LEXIS 50

Summary

Justice Winfree dissented from the decision to remand for further proceedings concerning whether Richard Wagner voluntarily failed to appear at trial. He would hold that the superior court's voluntariness finding was not clearly erroneous, that Richard showed no prejudice from his absence, and that proceeding with the trial was not an abuse of discretion. He also would uphold the property division because Richard had notice that the student loans were disputed and subject to adjudication. The dissent would affirm the divorce and property division.