Alaska Supreme Court

David E. Sandberg, Appellant v. Brianna E. Sandberg, (n/k/a Brianna E. Whitney), Appellee

April 11, 20142014 Alas. LEXIS 61

Summary

The Alaska Supreme Court reversed the superior court’s decision vacating the parties’ divorce settlement under Rule 60(b)(1) and (6) because the finding that Brianna mistakenly believed the marital home was David’s separate property was clearly erroneous and unsupported by the record. The court remanded for reconsideration of the Rule 60(b) motion, vacated the attorney’s fee award, and provided conditional guidance on property valuation if relief were granted again. It held that the court properly valued Brianna’s cash distribution without speculating about hypothetical retirement-account appreciation.