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Date: 09-13-2024
Case Style:
Joseph W. Lancaster v. Jody A. Lancaster
Case Number: FM-13-1213-21
Judge: Not Available
Court: Superior Court, Chancery Division, Family Part, Monmouth County
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Freehold, New Jersey family law lawyers represented the parties in a divorce.
The parties were married on May 25, 1985 and share three emancipated children. The parties attended economic mediation and resolved all outstanding issues. The agreed-upon terms were reduced to a term sheet that was to be incorporated into a formal marital settlement agreement. The term sheet was incorporated into the final judgment of divorce entered on June 30, 2022.
As part of the settlement, defendant retained the equestrian stable business inclusive of the equipment and the horses. Plaintiff retained a tractor, the three-horse trailer, and three horses. Relevant to this appeal, paragraph 1 of the term sheet provides:
[Plaintiff] shall take possession of the Adam three[-] horse trailer. The trailer is currently titled in [plaintiff's] individual name. [Plaintiff] shall assume responsibility for the existing liability on the trailer effective the signing of this term sheet. [Plaintiff] further agrees that [defendant] shall be permitted use and access of the three[-]horse trailer upon 24 hours['] notice. The right to use of this trailer is an intrinsic aspect of the global resolution[,] and [plaintiff] shall not preclude [defendant's] access. If [plaintiff] transfer[s] this three[-]horse trailer for another three[-] horse trailer, he shall continue to provide defendant access to use of the future purchased trailer.
On October 20, 2022, plaintiff took possession of the three-horse trailer. The next day, defendant requested access and use of the trailer via text message to transport five horses to competitions in New Jersey. In a reply, plaintiff told defendant the three-horse trailer was sold, and a two-horse trailer was purchased. Plaintiff contends that his truck could not pull the three-horse trailer.
Approximately two months later, defendant moved to enforce paragraph 1 of the term sheet and sought an equitable or comparable remedy and counsel fees. Plaintiff opposed and cross-moved to deny defendant's motion in its entirety and likewise sought counsel fees. After considering the parties' submissions, on February 3, 2023, the Family Part judge entered an order accompanied by a written opinion granting enforcement of Paragraph 1. The judge reasoned the term sheet was "clear and ambiguous" regarding defendant's use of the three-horse trailer. In denying the equitable remedy, the judge found the term sheet did not preclude the sale of the trailer or provide an equitable or comparable remedy for the sale of the trailer. The judge also denied defendant's request for counsel fees, finding plaintiff did not sell the trailer in bad faith. Rather, the trailer was sold because plaintiff could not tow a three-horse trailer. Defendant's request for counsel fees is not the subject of this appeal.
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Outcome: Affirmed.
Lancaster v. Lancaster, A-2078-22 (N.J. Super. App. Div. Sep 13, 2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: