Marriage of Clow CA4/3

FACTS AND PROCEDURAL BACKGROUND

Tracy Clow and Roberta Sala-Clow married in 1991, and separated in late December 2009 or early 2010.1 In January 2010, Roberta filed an action to dissolve the marriage. Tracy responded in early February 2010. On June 8, 2012, the trial court filed a stipulation and order for judgment signed by the parties and counsel. The handwritten stipulation resolved property and support issues. The parties signed the stipulation under a statement reflecting they had read and understood the stipulation and agreement, requested the court to make the stipulation and agreement the court’s order, and waived further notice of the order. Judge Clay Smith’s stamped signature appears next to the statement, “It is so ordered.” The stipulation provided, “A stipulation for Judgment does not replace the formal, typed Judgment.” On September 19, 2012, Tracy’s attorney DeeAnn Newman requested an order “on behalf of Respondent, Tracy Clow, deceased.” Newman asserted in a declaration the parties had resolved all issues in the stipulation at a voluntary settlement conference with a private judge on June 1, 2012. Tracy died in an automobile collision on June 6, 2012. Counsel for…