Legal Opinion · Concurring in part, dissenting in part

Billion v. Billion

South Dakota Supreme Court

Decided August 14, 1996No. NonePublished

1Concurring in part, dissenting in partGilbertson, Justice

[¶ 59] 1. Property Division

[¶ 60] The trial court, in its allocation of the $1,307,998 of assets of the parties, awarded $972,246 or 74% of the assets to Patricia and $335,734 or 26% of the assets to Michael. While this appellate court has traditionally given trial judges considerable latitude in the disposition of assets, I find this allocation to be an abuse of discretion. Voelker v. Voelker, 520 N.W.2d 903, 907 (S.D.1994). The major factor which results in this lop-sided award is the trial court’s treatment of various trust assets of approximately $562,232,10 of which Patricia is a…

2Cases cited22 opinions

  1. Orr v. OrrSupreme Court of the United States · 1979
  2. Lien v. LienSouth Dakota Supreme Court · 1979
  3. Saint-Pierre v. Saint-PierreSouth Dakota Supreme Court · 1984
  4. Garnos v. GarnosSouth Dakota Supreme Court · 1985
  5. Johnson v. JohnsonSouth Dakota Supreme Court · 1991

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