In Short: See above.
Officially released December 24, 2019.
Background Facts: The parties entered into a marital separation agreement. The separation agreement contained a non-disclosure clause providing for transfer of any property valued at over $10,000 at time of dissolution not disclosed on Defendant’s financial affidavit automatically transfers to Plaintiff.
Plaintiff brought a breach of contract action claiming over a million dollars of undisclosed assets. The trial court ruled that (1) the action was barred by the statute of limitations, and (2) there was insufficient evidence that Defendant had breached the separation agreement as alleged by the Plaintiff even if the action had not been barred by the statute of limitations.
Plaintiff appealed, arguing several different claims of error regarding the statute of limitations, continuing jurisdiction and failure to construe the parties’ separation agreement as a contract. None of Plaintiff’s claims challenged the finding of the trial court that there was insufficient evidence to support the underlying claim. The Appellate Court held even if it were to find in favor of Plaintiff on every issue, Plaintiff failed to challenge the underlying determination that there was insufficient evidence to support his claim, rendering the appeal moot. No practical relief would be granted even if Plaintiff won on every claim.
