Ford v. Ford

578 S.W.3d 356
CourtCourt of Appeals of Kentucky
DecidedMay 10, 2019
DocketNO. 2017-CA-001491-MR
StatusPublished
Cited by51 cases

This text of 578 S.W.3d 356 (Ford v. Ford) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Ford, 578 S.W.3d 356 (Ky. Ct. App. 2019).

Opinion

JONES, JUDGE:

Paula P. Ford ("Paula") appeals from several orders of the Mason Circuit Court rendered in connection with the dissolution of her marriage to John S. Ford III ("John"). Paula asserts the trial court erred when it refused to set aside a separation agreement she negotiated with John during a court-ordered mediation, ordered the separation agreement incorporated into the parties' dissolution decree even though it was unconscionable, and later *359denied her CR 1 59.05 motions to set aside the judgment (incorporating the agreement) without allowing her to present additional evidence at a hearing. Following our review of the record and all applicable legal authority, we affirm the trial court's order incorporating the parties' settlement agreement into the final dissolution decree over Paula's objection. We decline to review any issues associated with the trial court's denial of Paula's CR 59.05 motion to alter, amend or vacate because orders denying CR 59.05 motions are interlocutory and not subject to appellate review.

I. BACKGROUND

After thirty years of marriage, John filed a petition for divorce from Paula on September 9, 2014. Shortly thereafter, Paula, who resides in Colorado, sent correspondence to the trial court indicating that she had been unable to hire an attorney in Kentucky, but that she and John had agreed that he would withdraw his petition for dissolution of marriage. Paula indicated that she and John had reached an agreement on the division of their real and personal property and would file for legal separation sometime later. The trial court does not appear to have taken any action on Paula's letter as John's petition remained pending.

Almost a year later, on August 21, 2015, John filed a motion to have his petition referred to the Domestic Relations Commissioner for a hearing on property division issues. John stated that he and Paula had discussed several proposed settlements but had been unable to reach an agreement. Both parties filed preliminary verified disclosure statements, which demonstrated that, in addition to the parties' significant marital assets, each had substantial non-marital assets. The trial court entered a status quo order on December 16, 2015, and referred the parties to mediation.

Both parties accompanied by their respective legal counsel participated in mediation on April 19, 2016. Despite owning significant marital and non-marital property, the parties did not have any appraisals of their residential and commercial real property performed to aid in dividing their property at the mediation. Instead, John and Paula relied on their own estimates of property values. At the time of mediation, the parties estimated the total value of their major marital assets to be $ 1,585,390, comprised as follows:

1. Real property located at 1315-1337 US 68 S, Maysville, KY, (the "Southgate Plaza") with an estimated fair market value of $ 610,390;2
2. Real property located at 635 Larimer Street, Steamboat Springs, CO (the "Steamboat Property"), with an estimated fair market value of $ 700,000;3
3. A fifty-percent interest in real property located at 1910 Old Washington, with an estimated value of $ 165,000; and
4. A marital Roth IRA, with a value of $ 110,000.

*360The mediation appeared to be successful, as a handwritten Mediation Agreement Order (the "Agreement") was filed of record on April 22, 2016.4 The Agreement was signed by Paula, John and their respective counsel. The Agreement stated as follows:

1. The parties shall exchange copies of their last will and testament and make no changes thereto without notice to the other party.
2. [John] shall make any financial [power of attorney] only to his sister, brother in law, or Tom Duke.
3. Each party shall keep the vehicles in their name ( [John] 2004 Ford Ranger and 2006 Nissan) ( [Paula] 2004 Volvo, 2002 Subaru).
4. [Paula] shall receive the [Steamboat Property].
5. [Paula] shall receive her [non-marital] Schwabb [sic] account.5
6. [John] shall receive the Roth IRA and the four non-marital Schwab accounts in his name.6
7. [John] shall receive Southgate Plaza; 1910 Old Washington, Maysville, KY; all interest in Ford Acre's [sic] Farm and Carmel St. LLC; and Perry Place Subdivision.7
8. In exchange for marital equity, [John] shall pay to [Paula] $ 135,000 within 90 days hereof.
9. All household goods and furnishing have been amicably divided between the parties.
10. This resolves all issues between the parties and each will seize all documents necessary to carry out this agreement as soon as possible. This case is ready for a final uncontested decree.

R. 63-66.

Paula does not dispute that she agreed to the above terms during the mediation. However, shortly after the mediation, Paula began to have doubts regarding the settlement. It appears Paula's shortcomings prevented the parties from "formalizing" the agreement into a typed written document.

On April 25, 2016, John moved the trial court to enter a decree of dissolution. Two days later, Paula filed a motion requesting the trial court vacate the Agreement and a motion requesting that the court declare the Agreement unconscionable. Paula stated that during her and John's marriage, she had an equitable interest in the Southgate Plaza business. She alleged that John had reorganized the business during the parties' separation and transferred Paula's interest to himself without any consideration. Paula argued that if she had retained her equitable interest in Southgate Plaza, she would not have needed to bargain for a payout of her marital interest in the business as she could have retained her equitable interest and continued to receive income from it. Paula additionally contended that John had not provided her with his preliminary verified disclosures in a timely fashion. Paula contended that the Agreement deprived her of $ 30,000 of annual income on which she was relying for her retirement. She expressed her worry that, without that income, she would be *361forced to sell the Steamboat Property. Paula contended that it was that concern, coupled with the fact that she had not eaten lunch and had low blood sugar during mediation, that had caused her to settle for the "pitiful" lump sum payment of $ 135,000.

John filed a response to both of Paula's motions on May 12, 2016. Therein, John noted that both parties are educated, both had been represented by counsel during the entirety of the mediation, and that both had disclosed their financial information prior to mediation. John informed the court that Paula had received more than half of the value of the parties' marital assets.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cameron Sherlock v. Commonwealth of Kentucky
Court of Appeals of Kentucky, 2026
Charles F. Holden v. Rachael A. Holden
Court of Appeals of Kentucky, 2025
Garth Harris v. Jason Baker
Court of Appeals of Kentucky, 2025
Anna Wood v. William Huber
Court of Appeals of Kentucky, 2025
Edward Coleman v. Michelle Coleman
Court of Appeals of Kentucky, 2025
Stephanie Rose (f/N/A Ayo) v. Darryl Ayo
Court of Appeals of Kentucky, 2025
Sharon Purkey v. Mustard Seed Property Group, LLC
Court of Appeals of Kentucky, 2024
Ijeoma Odigwe v. Lauren Andrini
Court of Appeals of Kentucky, 2024
Jack Day v. Jennifer Bishop
Court of Appeals of Kentucky, 2024
David Adams v. Jawed Nasim
Court of Appeals of Kentucky, 2024
John D. Lee v. Steven R. Romines
Court of Appeals of Kentucky, 2024
Mikayla Ratcliff v. Kevin Wethington
Court of Appeals of Kentucky, 2024
Ronald Luce v. Teresa Luce
Court of Appeals of Kentucky, 2024
Priyanka Nichani v. Sahaas Nichani
Court of Appeals of Kentucky, 2024
Michael Dwayne Gregory v. Brenda Logan
Court of Appeals of Kentucky, 2023

Cite This Page — Counsel Stack

Bluebook (online)
578 S.W.3d 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-ford-kyctapp-2019.