Burnside v. Runstetler

504 P.2d 1299, 19 Ariz. App. 76, 1973 Ariz. App. LEXIS 441
CourtCourt of Appeals of Arizona
DecidedJanuary 16, 1973
DocketNo. 1 CA-CIV 1725
StatusPublished

This text of 504 P.2d 1299 (Burnside v. Runstetler) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burnside v. Runstetler, 504 P.2d 1299, 19 Ariz. App. 76, 1973 Ariz. App. LEXIS 441 (Ark. Ct. App. 1973).

Opinion

EUBANK, Presiding Judge.

This appeal involves a collateral attack against a portion of a Texas default divorce decree, rendered without personal jurisdiction over the husband who was in Oregon at the time, which awarded the wife a divorce, custody of the children and the entire interest in two Arizona based escrows involving the sale of land, which land was admittedly community property.

The appellant, who is the sister of the former husband, Roy H. Runstetler, filed this action in the trial court as assignee of all her brother’s interest in Transamerica Title Insurance Company’s Escrow No. 1087-024 and Valley National Bank of Arizona Escrow No. 278 (Winslow Branch), against the two escrow companies, her brother’s former wife Dorothy Nesser, and her brother. The action does not contest the validity of the divorce portion of the Texas decree, but does allege in Count I “That said court [Texas], without jurisdiction, wrongfully awarded and disposed of properties located in Arizona and belonging to defendant Roy H. Runstetler without obtaining personal service or jurisdiction over his person. That said decree, insofar as it affected the ownership of property belonging to Roy H. Runstetler, which property was located outside the State of Texas and in the State of Arizona, was void to that extent.” Count II alleges that the appellant loaned her brother and sister-in-law, Roy and Dorothy, a sum of money of which $2,200, together with five per cent interest per annum, was due and owing appellant since 1964. The validity of Count II was stipulated to by the parties and the judgment made the sum requested payable to appellant from the Valley National Bank Escrow No. 278 (Wins-low Branch). There is no appeal from this part of the judgment.

[78]*78Following a trial on Count I, the court, sitting without a jury, entered judgment in favor of the former wife Dorothy on the basis that, “. . . both parties changed their positions on the basis of the Texas decree and the plaintiff [appellant] is now estopped to collaterally attack the Texas decree . . . .” This appeal is from this part of the judgment.

The appellant raises four questions on appeal. The first questions the validity of the Texas default divorce decree because of the court’s lack of personal jurisdiction over the husband, and questions Texas’ in rem jurisdiction over the Arizona community property; the second questions whether a divisible divorce decree can be valid as to the divorce and invalid as to its attempt to deal with property rights outside of the jurisdiction of the court; the third questions whether one who relies on a default divorce and remarries is not estopped from contesting the validity of the divorce decree; and the fourth questions whether the agreement of the former husband to give the Arizona community property to his first wife in consideration of her obtaining the Texas divorce is enforceable in Arizona. For the most part these questions miss the central question which in our view is whether the doctrine of quasi or equitable estoppel can properly be applied to the facts of the case at bar. If it can, and if the record supports the judgment then we must affirm; if it can’t, we must reverse. It is our opinion that the doctrine was improperly applied to the facts of this case and we reverse the judgment of the trial court.

Appellant’s brief contains an excellent analysis of the law, relating to the nature of the divisible divorce decree, that has evolved under the requirements of the full faith and credit clause of the United States Constitution Art. IV, Sec. 1, citing the historic case of Estin v. Estin, 334 U.S. 541, 68 S.Ct. 1213, 92 L.Ed. 1561 (1948) and our own White v. White, 83 Ariz. 305, 320 P.2d 702 (1958) among others. The appellees do not dispute appellant’s analysis. They merely contend that estoppel i^ proper under the facts of this case. In Arizona our Supreme Court has resorted to estoppel in divorce cases where an inequity would result to one of the parties to a divorce if the decree were set aside. In Green v. Green, 77 Ariz. 219, 269 P.2d 718 (1954) involving an Arizona judgment and a misrepresentation of residency, the court applied estoppel as a wrong-rectifying device, saying:

“. . . Under certain circumstances, however, the parties may be estopped to question the validity of a judgment for lack of jurisdiction. As applied to a divorce decree, the general rule is that if one’s conduct has led to the obtaining of the decree, or if his conduct for any other reason has been such as would make it inequitable to allow him to deny the validity of the decree, the courts will not listen to his pleas of invalidity. Restatement of the Law, 1948 Supplement, Conflict of Laws, section 112, comment (c). Under such circumstances, equity closes the door and refuses to disturb the situation thus created. This is not the equivalent of allowing parties to confer jurisdiction by consent; it is merely saying the court refuses to grant relief to a guilty party. We recognized these principles in the recent case of Brandt v. Brandt, 76 Ariz. 154, 261 P.2d 978. . . .” (77 Ariz. at 221-222, 269 P.2d at 720).

In Unruh v. Industrial Commission, 81 Ariz. 118, 301 P.2d 1029 (1956) involving a “mail-order divorce” in which the “Mexican court did not have the slightest semblance of jurisdiction to adjudicate the marital status of the parties” our Supreme Court upheld the Mexican decree on the basis of quasi or equitable estoppel stating:

“There are certain principles recognized which are somewhat analogous to estoppel and which are sometimes described as a quasi estoppel. There the conscience of the court is repelled by the assertion of rights inconsistent with a litigant’s past conduct. In actions simi[79]*79lar to this it has been formulated into a positive rule:
‘The validity of a divorce decree cannot be questioned in a proceeding concerning any right or other interest arising out of the marital relation, either by a spouse who has obtained such decree of divorce from a court which had no jurisdiction, or by a spouse who takes advantage of such decree by remarrying.’ Restatement of the Law, Conflict of Laws, Section 112.
“Petitioner invoked the jurisdiction of the courts of Mexico in securing a divorce and then took advantage of such divorce by remarrying. Having done so, she will not now be heard to question the validity of the Mexican divorce for her own personal financial advantage. . . [citations omitted] (81 Ariz. at 120-121, 301 P.2d at 1031).

See also Bartholomew v. Superior Court, 4 Ariz.App. 50, 417 P.2d 563 (1966) 31 C.J. S. Estoppel § 63, pp. 392-394 (1964).

Turning to the facts in the case at bar we first note that the trial court was not requested to make findings of fact and conclusions of law, consequently, all inferences that can be drawn from the evidence in favor of sustaining the judgment of estoppel must be drawn by this Court. Cheatham v. Vanderwey, 18 Ariz.App. 35, 409 P.2d 986 (1972) ; Kay v. Biggs, 13 Ariz. App. 172, 475 P.2d 1 (1970).

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Related

Estin v. Estin
334 U.S. 541 (Supreme Court, 1948)
Bartholomew v. Superior Court
417 P.2d 563 (Court of Appeals of Arizona, 1966)
White v. White
320 P.2d 702 (Arizona Supreme Court, 1958)
Staley v. Estate of Harber
449 P.2d 7 (Arizona Supreme Court, 1969)
Unruh v. Industrial Commission
301 P.2d 1029 (Arizona Supreme Court, 1956)
Brandt v. Brandt
261 P.2d 978 (Arizona Supreme Court, 1953)
Kay v. Biggs
475 P.2d 1 (Court of Appeals of Arizona, 1970)
Green v. Green
269 P.2d 718 (Arizona Supreme Court, 1954)
Cheatham v. Vanderwey
499 P.2d 986 (Court of Appeals of Arizona, 1972)

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Bluebook (online)
504 P.2d 1299, 19 Ariz. App. 76, 1973 Ariz. App. LEXIS 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnside-v-runstetler-arizctapp-1973.