Fackler v. Powell

I respectfully dissent. The majority describes this action as one seeking "clarification and enforcement" of the Settlement Agreement. But the Settlement Agréement and marital decree conclusively determined the parties' property rights. It seems to me that Fackler's claim was simply a suit. to collect on the note that was assigned to her in the divorce proceedings and therefore Fackler was free to seek enforcement of the note in any court of competent jurisdiction. Because she also sought foreclosure of a mortgage, she was required to proceed in a court of the county where the. real estate is…