Robinson v. Robinson, No. 20090082-CA.

• Court: Court of Appeals of Utah
• Writing for the Court: DAVIS, Presiding
• Citation: 2010 UT App 96,232 P.3d 1081
• Parties: Michael S. ROBINSON, Petitioner and Appellant,v.Debra J. ROBINSON, Respondent and Appellee.
• Decision Date: 22 April 2010
• Docket Number: No. 20090082-CA.

232 P.3d 1081
2010 UT App 96

Michael S. ROBINSON, Petitioner and Appellant,
v.
Debra J. ROBINSON, Respondent and Appellee.

No. 20090082-CA.

Court of Appeals of Utah.

April 22, 2010.

232 P.3d 1082

Stephen T. Hard, Holladay, for Appellant.

Dean C. Andreasen and Sarah L. Campbell, Salt Lake City, for Appellee.

Before Judges DAVIS, ORME, and VOROS.OPINIONDAVIS, Presiding Judge:

¶ 1 Petitioner Michael S. Robinson (Husband) appeals the Decree of Divorce finalizing his divorce from Respondent Debra J. Robinson (Wife). Husband argues that the district court erred, in several respects, by enforcing a stipulation between the parties. We affirm.

BACKGROUND

¶ 2 During Husband and Wife's marriage, they acquired many pieces of income-producing real property, including condominiums, vacant land, and strip malls. The most valuable of these pieces of property was a strip mall in southern Utah (the plaza). After Husband filed for divorce in February 2007, the parties, over the course of several months, discussed their differing views as to how they should divide the various properties in which they had an interest.

¶ 3 On November 2, 2007, Husband and Wife attended formal mediation, at which they were each represented by counsel. At the mediation, the parties finally resolved the property division issues and signed a Stipulation and Property Settlement Agreement (the stipulation). The stipulation calculated Wife's share of various assets to be approximately $1.78 million, awarded the plaza to Husband, and provided that Husband would refinance the mortgage on the plaza so as to pay Wife the $1.78 million. The parties stipulated that the fair market value of the plaza was $7.25 million. The stipulation also provided that Husband would file a loan application within fifteen days and that Wife would provide information necessary to assist Husband in preparing the application.

¶ 4 Husband not only failed to apply for a loan within the fifteen days provided for in the stipulation, but he at no time thereafter made such an application. In February 2008, Wife moved for entry of a divorce decree based on the stipulation. Husband thereafter filed motions to set aside the stipulation, arguing that his performance under the stipulation was excused because due to the parties' mistaken assumptions regarding the status of the plaza's leases, it was impossible

232 P.3d 1083

for him to secure the contemplated loan on the plaza.

¶ 5 Based upon affidavits and proffered testimony, the commissioner recommended that the stipulation be enforced. The commissioner reasoned, “[I]t's clear to me that the deal was reached in a fair fashion, and it represented the parties' agreement at the time.” The district court then, without complying with Husband's request for an evidentiary hearing, accepted the commissioner's recommendations and entered the decree of divorce incorporating the provisions of the stipulation.

ISSUES AND STANDARD OF REVIEW

¶ 6 Husband argues that his performance under the stipulation should have been excused under the contractual defenses of mutual mistake and impossibility. Whether such defenses should have afforded Husband relief under the facts as he argues them is a question of law that we review for correctness. See American Towers Owners Ass'n v. CCI Mech., Inc., 930 P.2d 1182, 1185 (Utah 1996).

¶ 7 Husband next argues that in order to enforce the stipulation, the district court was obliged to make a specific determination that the stipulation represented a fair and equitable division of the parties' property. Whether the district court made the necessary factual findings to support its determination is a question of law that we review for correctness. Cf. State v. Nelson, 950 P.2d 940, 942-43 (Utah Ct.App.1997).

¶ 8 Husband also argues that the district court violated his due process rights when it failed to hold an evidentiary hearing before enforcing the stipulation and entering the decree of divorce. “Constitutional issues, including questions regarding due process, are questions of law that we review for correctness.” Chen v. Stewart, 2004 UT 82, ¶ 25, 100 P.3d 1177.

ANALYSIS I. Contractual Defenses

¶ 9 Husband argues that the district court erred in failing to grant relief under two contractual defenses. Because neither of these defenses was applicable to the facts of this case, we conclude that the district court did not err in this regard.

A. Mutual Mistake

¶ 10 Husband alleges that he should have been relieved from performance under the stipulation because of the contractual defense of mutual mistake.¹

“A party may rescind a contract when, at the time the contract is made, the parties make a mutual mistake about a material fact, the existence of which is a basic assumption of the contract. If the parties harbor only mistaken expectations as to the course of future events and their assumptions as to facts existing at the time of the contract are correct, rescission is not proper.”
Deep Creek Ranch, LLC v. Utah State Armory Bd., 2008 UT 3, ¶ 17, 178 P.3d 886 (quoting Mooney v. GR & Assocs., 746 P.2d 1174, 1178 (Utah Ct.App.1987)). The mistaken assumptions to which Husband points are regarding the money that the plaza “would generate”; the vacancy rate that “would” exist; the value the plaza “would have”; that the leases “would be” sufficient to secure a new loan or else the existing tenants “would re-sign extensions”; and that Husband “would be able to” refinance the plaza. These assumptions are simply expectations as to future events-that those events would not vary significantly from the current state of events-and therefore do not support the contractual defense of mutual

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