Simon Pockrus v. Kristy Pockrus (Now Savold)

Summary

This document is a dissenting opinion from the denial of a petition for review in a dispute arising from a divorce settlement. The dissent argues that a claim for breach of an agreement to divide retirement and bank accounts accrued when the assets were not divided within a reasonable time, rather than when the breach was later discovered. It concludes that the five-year statute of limitations barred the claim.

Holdings

1. In the dissent's view, when a contract does not specify a time for performance, the law requires performance within a reasonable time; failure to perform within that reasonable time constitutes the breach and starts the statute-of-limitations period.

Questions Presented

1. Whether a breach of a divorce-settlement agreement requiring division of assets occurs, and the statute of limitations begins to run, when the obligated party fails to perform within a reasonable time despite the absence of a specified performance deadline.
2. Whether the appellee's breach-of-contract claim was barred by the applicable five-year statute of limitations.

Disposition

writ_denied