Shumway v. Betty Black Living Trust

Summary

The Alaska Supreme Court affirmed the denial of Todd Shumway’s claim to a homestead exemption for his Colt Island property. The court held that the superior court did not clearly err in finding Shumway was not an Alaska resident at the time of levy, considering his incarceration in Arizona, ties to Arizona, and the circumstances of his absence from Alaska.

Holdings

1. The court may relax the 30-day appeal deadline to avoid injustice and properly exercised that discretion to consider Shumway's challenge to the homestead-exemption order, but it would not consider his untimely challenge to the underlying merits judgment.
2. The superior court did not clearly err in finding that Shumway was not an Alaska resident at the time of levy and therefore was not entitled to claim Alaska's homestead exemption for the Colt Island property.

Questions Presented

1. Whether the Alaska Supreme Court should relax the appellate deadline and consider Shumway's challenge to the order denying his homestead exemption.
2. Whether the superior court clearly erred in finding that Shumway was not an Alaska resident, and that the Colt Island property was not his principal residence, at the time of levy for purposes of the Alaska homestead exemption.

Disposition

affirmed