Sosnick

Appellant Naomi Sosnick sued her ex-husband for damages for assault and battery after entry of final judgment in their dissolution action. Consolidating the tort case with the closed family law case, the superior court, sitting as the family law department, purported to grant summary judgment in favor of respondent Robert Sosnick. Because the court had no authority to act as it did, we reverse the judgment.

I. Background

A. Marital Dissolution Proceeding

Appellant petitioned for dissolution of marriage in October 1991. At that time she also applied for residence exclusion based, among other things, on an alleged episode of domestic violence occurring on July 12, 1991. Appellant alleged that on that date she received emergency treatment for injuries she sustained after respondent beat her.

On February 1, 1994, the parties participated in a day-long mediation session with Richard Berra. They reached an agreement on division of property and, along with their respective attorneys, signed a two-page handwritten document reflecting that agreement. The last paragraph — item number 9 — was initialed by each party and the attorneys. It stated: “All Rest to Husband + waive…