Herbert v. Herbert

In reviewing the judgment of the court of appeals, 699 S.W.2d 717, it is obvious that the court realized that Mrs. Herbert had suffered an inequitable result at her jury trial. I agree that a new trial should be conducted. Therefore, I must respectfully dissent from the majority opinion.

The facts show that when Mr. and Mrs. Herbert divorced in 1977, they entered into an agreement incident to divorce. It was approved by the trial court and incorporated into the final decree. Under this agreement, the wife was to receive 50% of the husband’s retirement pension when he began receiving his…