Robert Clay v. Renee Faison Book Reviews

Robert Clay v. Renee Faison by District of Columbia Court of Appeals. Book Summary

Appellant Robert Clay appeals from a judgment granting appellee Renee Faison, his former wife, specific performance of a marital
property agreement and ordering Clay to cooperate in the sale of the marital home. He contends that the Family Division of
the Superior Court did not have jurisdiction to enforce the property agreement because the trial Judge was barred by res
judicata from entertaining appellee's action and granting specific performance to appellee, and that since she sought damages
in her complaint she had an adequate remedy at law. We hold that the Family Division had jurisdiction under its general equity
powers to enforce the separation agreement, and that the action was not barred by res judicata since there was no prior adjudication
on the merits. We further hold that where the subject matter of the agreement involves land, damages due to delay in performance
may be sought in addition to specific performance of a marital property separation agreement. Accordingly, we affirm. I.

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