Jeffrey Matthew Brown v. Jennifer Lindsey (Williams) Brown

Husband filed a petition pursuant to Rule 60.02 to set aside a provision of the parties’ divorce decree that required him to pay $80,000 to Wife in accordance with an antenuptial agreement. He sought relief under Rule 60.02(2) for fraud, misrepresentation, or other misconduct of an adverse party. The trial court denied Husband’s petition and “confirmed” the divorce decree. We find that the trial court applied an incorrect legal standard, and as a result, it did not properly exercise its discretion. We also find that Wife’s conduct constituted misrepresentation or other misconduct within the meaning of Rule 60.02(2). Accordingly, we reverse the trial court’s order denying Husband’s Rule 60 petition and we vacate the challenged portion of the divorce decree.