Marriage of Malcolm CA4/2

INTRODUCTION

Appellant Bruce Malcom urges this court to reverse and vacate a marital

dissolution judgment entered by the trial court on June 12, 2012. The trial court

judgment incorporates a judgment entered by Retired Judge Cole, which Bruce argues is

invalid because he did not agree orally or in writing to Cole serving as judge for all

purposes. Bruce asserts that Cole was acting merely as a nonbinding mediator/arbitrator

who was assisting the parties with settlement and did not have authority to enter a final

judgment.

We conclude there was substantial evidence supporting the trial court’s

determination that the parties had stipulated to referring the case to Retired Judge Cole

for all purposes, including mediation and trial. The trial court therefore appropriately

ordered Cole’s judgment entered as the final judgment in the case, and judgment is

affirmed.

II

FACTS AND PROCEDURAL BACKGROUND

Bruce Malcolm and Diane Malcolm married in September 2000, and separated in

January 2009. In March 2009, Diane filed a petition for dissolution and an amended

petition. On January 23, 2009, Diane’s employment from the family business was

terminated.

September 23, 2009…