CONSIDERED ON BRIEFS ON FEBRUARY 12, 2018
APPEAL
FROM THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT HUGHES
COUNTY, SOUTH DAKOTA THE HONORABLE JOHN L. BROWN Judge
KATIE
J. THOMPSON of Olinger, Lovald, McCahren, Van Camp &
Konrad, P.C. Pierre, South Dakota Attorneys for plaintiff and
appellee.
AL
ARENDT Pierre, South Dakota Attorney for defendant and
appellant.
GILBERTSON, CHIEF JUSTICE
[¶1.]
Eryn Marie Winegeart appeals the circuit court's order to
sell real estate she jointly owned with Weston Lee Winegeart,
her former spouse. The order permits the payment of realtor
fees, but Eryn asserts the parties orally agreed in mediation
to sell the property without paying realtor fees. We affirm.
Facts
and Procedural History
[¶2.]
Weston and Eryn Winegeart first married in 2005, divorced,
[1]
then married for a second time in 2012. The parties owned a
home in Pierre, where they resided with their three children:
B.C., K.L., and J.C. On October 4, 2016, Weston filed for
divorce. Eryn subsequently obtained a protection order
against Weston, and both parties vacated the home. Weston
moved to Texas.
[¶3.]
On January 9, 2017, the circuit court ordered the parties to
undergo mediation. The parties attended one mediation session
on March 9. After the session, Weston signed an agreement
with a real-estate agent to list the jointly owned real
estate. The listing agreement included a commission for the
realtor. On March 10, a third party signed an agreement to
purchase the property for $330, 000. Eryn refused to sign the
purchase agreement, asserting that during mediation, Weston
had orally agreed to sell the property without paying for a
realtor.
[¶4.]
On March 22, 2017, Weston filed a motion asking the court to
order Eryn to sign the purchase agreement. The parties
deposed the mediator on March 30. Over the objection of
Weston's attorney, the mediator testified that it was his
"understanding . . . that there were no Realtor
commissions to be paid, that this was going to be a private
sale." The court held a hearing to consider the motion
on March 31. The court found that the parties had not entered
into an enforceable oral agreement in regard to realtor fees.
The court granted Weston's request and ordered Eryn to
sign the purchase agreement.
[¶5.]
On April 15, 2017, after the circuit court issued its order
requiring Eryn to sign the purchase agreement, the parties
entered into a property-settlement agreement. On April 18,
the circuit court granted a divorce on the grounds of
irreconcilable differences. The court determined custody, set
child support, and incorporated the parties' April 15
property-settlement agreement.
[¶6.]
Eryn appeals the circuit court's March 31, 2017 order
requiring her to sign the purchase agreement. She asks this
Court to enter an order requiring Weston to pay her "the
realtor fees incurred as a result of his violation of the
oral mediated agreement." Thus, Eryn raises the
following issue: Whether the court erred by ordering her to
sign the purchase agreement.
Standard
of Review
[¶7.]
This appeal involves interpreting South Dakota's Uniform
Mediation Act, SDCL chapter 19-13A. Statutory interpretation
is a question of law reviewed de novo. Pitt-Hart v.
Sanford USD Med. Ctr., 2016 S.D. 33, ΒΆ 7, 878
N.W.2d 406, 409. The circuit court's factual findings are
reviewed under the ...