$60,000 Mistake in Marital Dissolution Agreement

Alleged $60,000 Mistake in Marital Dissolution Agreement. Rule 60 Motion Denied. Beth Ann Mason v. Thaddeaus Scott Mason, Tennessee Court of Appeals at Nashville, Filed March 3, 2009. The parties successfully mediated all issues in this divorce case. The parties entered a Marital Dissolution Agreement, an addendum to the MDA, and a Permanent Parenting Plan, all of which were presented to the trial court and incorporated into a Final Decree of Divorce. Husband filed a Rule 60 Motion to Alter or Amend claiming an error in the Marital Dissolution Agreement. As a result of this mistake, husband would receive approximately $60,000 less than he was supposed to. The Rutherford County Chancery Court denied husband’s Rule 60 Motion finding that the MDA was a binding contract and if there were some latent ambiguity in the MDA, husband could bring a separate contract action. The trial court did not abuse its discretion in denying husband's Rule 60 Motion. Wife's requests for attorney's fees at the trial level and on appeal were denied.