Marriage of Mihoky CA4/1
In this marital dissolution action between Lee Mihoky and Jennifer Mihoky, Lee appeals the denial of his request for an order (RFO) to enforce the parties' dissolution judgment and marital settlement agreement (MSA) by awarding him possession and control of the marital residential property (the property) and ordering Jennifer to vacate the property. Lee contends that the trial court erred in finding that the doctrines of waiver and estoppel precluded Lee from enforcing the provision in the judgment that awarded him the property upon Jennifer's failure to refinance the property within a specified time period. We agree that the court erred and accordingly, reverse.
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