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In re Marriage of Dorsey

Court of Appeals of Colorado, Seventh Division

February 27, 2014

In re the Marriage of Nancy L. Dorsey, Appellant, and John Dorsey, Appellee

City and County of Denver District Court No. 05DR2959. Honorable Shelley I. Gilman, Judge.

Brice A. Tondre, P.C., Brice A. Tondre, Lakewood, Colorado, for Appellant.

Law Office of Michael F. DiManna, LLC, Michael F. DiManna, Denver, Colorado; Neeti Pawar, LLC, Neeti Pawar, Denver, Colorado, for Appellee.

Opinion by JUDGE FOX. J. Jones and Navarro, JJ., concur.

OPINION

FOX, JUDGE

Page 492

[¶1] In this post-dissolution of marriage action between Nancy L. Dorsey (wife) and John Dorsey (husband), wife appeals from the district court's determination that the parties' dispute over the property distribution payment husband owed under their separation agreement was arbitrable, and from its denial of her subsequent motion to vacate the arbitration award. We affirm.

I. Background

[¶2] The parties' marriage ended in 2007, and they entered into a separation agreement dividing their marital property and debt, and resolving maintenance and attorney fees. As relevant here, under the property division, husband agreed to pay wife a total of $4 million, in installment payments of (no less than) $40,000 a month for fifty-nine months, and the balance by December 20, 2011. Husband was entitled to reimbursement for certain expenses he incurred in selling the parties' properties and facilitating

Page 493

wife's purchase of her new home, and to apply any proceeds from the sale of property that was awarded to him toward the amount owed to wife.

[¶3] Section 10.13 of the agreement, entitled " Dispute Resolution," provided:

The Parties agree that they will attempt to settle any claim or controversy arising out of or as a result of their dissolution of marriage through consultation and in the spirit of mutual cooperation. If such attempts fail, the specific dispute will be identified in writing and shall be mediated . . . .
If mediation shall be unsuccessful and if still unresolved, the dispute shall then be arbitrated . . . . [And] the Mediator/Arbiter shall resolve the dispute or controversy pursuant to C.R.S. § 13-22-201 et seq.

[¶4] When the end of the installment payment period approached, the parties were unable to agree on the expenses for which husband was entitled to a credit, and therefore what amount he owed to wife as a final payment under the agreement. After wife refused to mediate/arbitrate the unresolved issue, husband asked the district court to direct ...


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