Summers v. Summers

This divorce case involving matters of equitable distribution is before this Court again following our decision in Summers v. Summers, 186 W.Va. 635, 413 S.E.2d 692 (1991), to remand to the circuit court for a determination of the enforceability of an oral post-decree settlement agreement. By order entered December 14, 1993, the Circuit Court of Taylor County found the agreement was not obtained by “fraud or duress,” but was unenforceable because its terms were “patently unfair.” The circuit court ordered Samuel David Summers, Jr., the defendant below and appellee herein, to pay $71,113.68…