Corbitt v. Burkette
Corbitt v. Burkette
Opinion of the Court
When the marriage between appellant Jack Corbitt and appellee Frances Burkette was dissolved the final judgment of dissolution incorporated a property settlement agreement in which the parties agreed to sell the marital home within one year and divide the proceeds. Appellant refused to honor his agreement or the final judgment and appellee sought enforcement of the final judgment. On the date set by the court for sale of the property appellee failed to show up (though her lawyer appeared), and the appellant bid the property in for $900. The testimony fixed the value of the unencumbered property at between $45,000 and $65,000.
Appellee moved to set the sale aside on the grounds that the sales price was inadequate and that fear of her husband prevented her appearance at the sale to protect her interests. Based upon the evidence adduced at a hearing on appellee’s motion, the trial court entered an order vacating the sale. That order is the subject of this appeal.
There is substantial competent evidence in the record to support a finding that the
There were conflicts in the evidence and inferences could have been drawn in favor of appellant. However, the trial judge observed the witnesses and he obviously concluded that the truth and justice of the case favored appellee. The record supports that conclusion.
Accordingly, the order appealed from is affirmed.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.