Marriage of Cati and Nail CA4/1
Douglas John Nail (Husband) appeals an order after judgment denying his request for an order seeking foreclosure on a residence to enforce the terms of a marital dissolution judgment whereby he was to receive an equalization payment of $100,000 plus interest. Eileen Cati Byrne (formerly Eileen Cati Nail) (Wife) opposed Husband's request and asserted the amount owed to Husband is offset by damages Husband caused to the residence during his occupancy, loss of a vacant property awarded to her by the marital settlement agreement based on Husband's failure to transfer ownership and failure to pay property taxes, and losses Wife incurred when her bank account was garnished to pay hospital bills owed by Husband. The court denied the request to enforce the judgment finding both Husband and Wife came to court with unclean hands because neither was innocent of wrongdoing, delay, or unfair conduct related to the marital dissolution.
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