Wagoner
Wagoner v. Wagoner
Opinion
Lead Opinion
Crosby, J.
Does the superior court have jurisdiction to compel an attorney of record in a domestic action, who has not been formally joined as a party, to pay monies in accordance with the terms of a stipulated order in which he was designated to disburse the funds? Yes.
I
Philip Flickinger represented the husband in an action for legal separation. The parties stipulated to an order providing, “Community business, Desert Litho Printing, [is to] be ordered sold.” The “[p]roceeds from the sale of the community business, Desert Litho Printing, are to be deposited in [Flickinger’s] trust account to be distributed as agreed herein.” The agreement listed these disbursements: (1) “[Respondent to pay directly to petitioner’s parents, Mr. & Mrs. Don Brooks, via cashier’s check the sum of $7500.00 payable forthwith upon sale of the business.” (2) “[F]rom the proceeds of the sale of the community business . . . community debts not *939 to exceed $5,000.00 to be subtracted. ” And “for the purpose of accounting, ... the date July 12, 1983 [will] be the closing date for the community involvement in the business Desert Litho Printing.” (3) Wife “to receive from the sale of the business the sum…