OPINION CARPENETI, Chief Justice. I. INTRODUCTION Former spouses reached agreement on property distribution and put the agreement on the record. The agreement required the husband to make a cash payment to the wife. The superior court issued findings and conclusions memorializing the agreement and subsequently rejected the husband's request to set the agreement aside. The husband appeals, arguing that (1) the superior court clearly erred in finding that the husband agreed to make the...
OPINION PER CURIAM. I. Introduction This case presents several issues of constitutional and statutory interpretation that arise from the count of votes following the 2010 election for one of Alaska's two seats in the United States Senate. Two of the contestants for that seat — Joe Miller, the Republican nominee, and Senator Lisa Murkowski, running as a write-in candidate — are parties to the lawsuit. Without seeking a recount, Miller filed suit in superior court challenging several...
NOTICE Memorandum decisions of this court do not create legal precedent. A party wishing to cite a memorandum decision in a brief or at oral argument should review Appellate Rule 214(d) MEMORANDUM OPINION AND JUDGMENT* I. INTRODUCTION A father challenges the trial court's decision to terminate his parental rights to two children. Because the evidence supports the court's findings and the court correctly applied relevant law, we affirm the termination of parental rights. II. BACKGROUND...
OPINION FABE, Justice. I. INTRODUCTION Ora Whittle and Michael Weber are neighbors. Weber filed this lawsuit against Whittle, asserting that Whittle's use of his property is a nuisance, violates subdivision covenants, and violates borough ordinances. As part of discovery, Weber requested an inspection of Whittle's property, and the superior court ordered Whittle to allow a limited inspection. For about two months, Weber and Whittle disagreed on the date Weber would be allowed access onto...
MEMORANDUM OPINION AND JUDGMENT * I. INTRODUCTION Sergey and Lyudmila Misyura were married in 1994 and divorced in 2009. The superior court awarded Lyudmila primary physical custody of the parties' three children. Sergey was permitted visitation with the children provided certain conditions were met. When Lyudmila planned to move out of state with the children, Sergey sought a preliminary injunction to prevent her from leaving Alaska. Sergey's motion for preliminary injunction was not...
OPINION CHRISTEN, Justice. I. INTRODUCTION Both parties to this action sought custody of their three children during their divorce proceeding. The trial court found the father had a history of domestic violence and awarded the mother sole physical and legal custody pursuant to AS 25.24.150(g). The father appeals, arguing: (1) he did not have a history of domestic violence sufficient to trigger the presumption against awarding him custody under AS 25.24.150(g); (2) there was no basis for...
OPINION CHRISTEN, Justice. I. INTRODUCTION Allstate Insurance Company (Allstate) and Wayne Watson, an Allstate attorney, seek review of an order denying their motion for partial summary judgment. Allstate and Watson argue that an action in tort for spoliation of evidence may only be maintained where evidence is permanently lost or destroyed, not when evidence is only concealed from the complaining party. We hold that the tort of fraudulent concealment of evidence, not spoliation, is the...
OPINION WINFREE, Justice. I. INTRODUCTION While serving a sentence in the Alaska Department of Corrections's (DOC) electronic monitoring program, Wenona Diaz worked for a time at a travel agency. Shortly after Diaz stopped working at the travel agency, DOC probation officers brought Diaz to her former employer's office. There the former employer and the former employer's private detective questioned Diaz about alleged criminal conduct. The DOC officers then returned Diaz to a...
OPINION FABE, Justice. I. INTRODUCTION In March 2005 Timothy Lindsey was severely injured when his employer's unattended truck rolled backwards and struck him. An inspection revealed that the cause of the accident was a non-functioning parking brake. Lindsey sued E & E Automotive & Tire Service Inc., the repair shop that had recently serviced the truck, for negligence. E & E had been asked to repair the parking brake but was unable to do so. E & E informed Lindsey's employer that it had not...
OPINION CARPENETI, Chief Justice. I. INTRODUCTION A husband appeals the trial court's award to his former wife of 60% of the marital property. He argues that the trial court abused its discretion by improperly awarding rehabilitative alimony, and by improperly considering his non-marital assets, the parties' age difference, his daughter's future college expenses, and his spending habits during the marriage. He also challenges the court's valuation of a marital gun collection as clear...
OPINION CARPENETI, Chief Justice. I. INTRODUCTION A police officer's allegedly improper marriage to a woman in the Philippines aroused the ire of the municipal police chief. Amidst the ensuing controversy, the officer resigned, purportedly to protect his police certification. He then brought suit claiming constructive discharge. However, the jury found that the officer was not constructively discharged. The officer appeals, arguing that the superior court erred in its wording of a jury...
OPINION CHRISTEN, Justice. I. INTRODUCTION Alena and Timothy Barnett met on the internet in the fall of 2004. In September 2005 Alena relocated to Fairbanks from her home in Belarus with her 18-year-old daughter. Alena and Timothy were married the next month. Timothy filed for divorce in January 2007. In April 2008 the superior court issued findings of fact and conclusions of law dividing the marital property and establishing spousal support. Alena appeals. She challenges the spousal...
