Terjen v. Terjen

Balletta, J.,

dissents and votes to reverse the order appealed from, and to direct specific performance of the terms of the stipulation, with the following memorandum. The majority opinion is premised on a mutual waiver of the rights and *343obligations set forth in the stipulation between the parties. I respectfully disagree with my colleagues since, in my view, the record does not support such a mutual waiver, and, accordingly, I vote to reverse the order appealed from.

The parties herein entered into a stipulation of settlement in open court on September 13, 1979, which was thereafter…