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Probate valuation date and specific performance at issue in Foreman divorce appeal
Summary
The appeals panel heard competing arguments over whether the probate court erred by applying a contract valuation date (2020) rather than a later date and whether it adequately explained choosing specific performance over other equitable remedies; appellant sought remand for a different valuation or explanation.
The Appeals Court heard argument in Foreman v. Foreman (2024‑00930) about the probate judge’s choice of remedy and valuation date after she found a material breach of an antenuptial agreement.
Appellant counsel Matthew Barak argued that, under the Austin footnote and subsequent case law, the judge had equitable power to choose a later valuation date tied to the actual division…
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