In re Marriage of Lutterman

Husband appeals from a judgment for contempt of court, arguing that the court should have granted his motion for summary judgment because wife’s contempt action was barred by claim preclusion. We review for errors of law and reverse and remand.

The parties’ marriage was dissolved on January 25, 1991. The dissolution judgment incorporated their marital settlement agreement (MSA). The parties’ MSA provides, among other things, that, in the event that the family residence is occupied by a person other than husband, whether or not husband continues to occupy the family residence, such occupant…