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Solomon v. Findley

Supreme Court of Arizona
808 P.2d 294 (Ariz. 1991)


Facts

Lloyd Findley (defendant) and Wilma Solomon (plaintiff) were married with one child, Adrienne (plaintiff). Findley and Solomon filed a joint petition for divorce, in which Findley agreed to pay for Adrienne’s college education. The divorce court entered a divorce decree incorporating this agreement. Solomon filed a petition for an order to show cause, claiming that Findley failed to pay for Adrienne’s education in violation of the divorce decree. The divorce court found that because Adrienne had reached the age of majority, the court no longer had jurisdiction to hear Solomon’s complaint. Solomon then filed a breach of contract claim against Findley, alleging that Findley breached the divorce agreement by failing to pay for Adrienne’s education. The trial court granted Findley’s motion to dismiss, finding that the parties’ separation agreement had merged into the divorce decree, and because the divorce court no longer had jurisdiction over the matter, Solomon’s claim must fail. The court of appeals reversed. Findley appealed.

Rule of Law

Issue

Holding and Reasoning (Cameron, J.)

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