Simons v. Simons

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Simons v. Simons

Case Number
Call Date
April 26, 2022
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-21-0599 Jonathan B. Simons (Appellant) v. Heather L. Simons

Appeal from the District Court for Douglas County, Judge Gregory M. Schatz

Attorneys: John A. Kinney, Jill M. Mason, and Samantha M. Robb (Kinney Mason for Appellant) and Benjamin M. Belmont and William Oliver Jenkins (Brodkey, Cuddigan, Peebles, Belmont, and Line for Appellee)

Civil:  Dissolution of Marriage, premarital agreement, child support, alimony, distribution of property, and attorney’s fees. 

Proceedings Below: At trial pertaining to a Complaint for Dissolution of Marriage, the district court dissolved the marriage of the parties, found a premarital agreement to be enforceable, and ordered the husband to pay child support and alimony.

Issue: In his assignment of errors, Appellant alleges that the district court erred in: 1) allowing Appellee to amend her pleadings to include claims of fraud, unjust enrichment and constructive trust after the trial, unfairly surprising the Appellant with new claims, thereby denying the Appellant due process; 2) its finding that Appellee proved, by clear and convincing evidence, that Appellant engaged in fraud and would be unjustly enriched unless Backyard Playworld and its associated assets were added to the marital estate via constructive trust; 3) dividing the marital estate and ordering life insurance to fund support; 4) using the opinion of Appellee’s expert in valuing Backyard Playworld and its associated assets; 5) its award of alimony; 6) the specific findings related to documents signed at closing and the purchase of Backyard Adventures, Inc.; and 7) failing to impose the waiver in the Premarital Agreement.

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