In Re Marriage of Kaufman

Dissolution of marriage cause. Wife appeals a postjudgment order correcting clerical error in the division of property.

On June 22, 1976, husband and wife, married for 34 years and with 2 adult children, obtained an interlocutory judgment of dissolution of marriage which reserved the issue of property division for later trial. At a mandatory settlement conference on July 13, 1976, husband and wife and their respective counsel stipulated in court to specific terms of a property division, spousal support, fees, and costs. The court approved the stipulated terms, made them the order of the court, and directed wife’s counsel to prepare a written judgment. Subsequently, counsel for the parties exchanged correspondence which discussed terms not previously agreed upon and covered by the stipulation and order. Thereafter, a proposed judgment modifying certain terms of the stipulation and order was approved as to form and content by both counsel, and was signed by the court on August 27, 1976.

Two and a half years after entry of judgment, husband, apparently on receiving demands from wife’s attorney, instituted this action to conform the judgment to the stipulation and order,…