Legal Opinion · Dissent

Cadle v. Cadle

Court of Appeals of Minnesota

Decided July 3, 1990No. C8-89-2090Published

1DissentSchumacher, Judge

I believe the provision for spousal maintenance as set forth on the record by counsel for Bobbie Jean on February 23,1989 is *740ambiguous. An evidentiary hearing should have been héld by the trial court to determine Elsworth’s understanding of the oral stipulation. Landwehr v. Landwehr, 380 N.W.2d 136, 139 (Minn.App.1985).

The majority opinion concludes that Els-worth should have had a clear understanding of his obligation to pay permanent maintenance. Unfortunately, nobody asked Elsworth if he understood that he would be paying permanent maintenance and in what amount. The attorney’s or trial…

2Cases cited1 opinion

  1. Marriage of Landwehr v. LandwehrCourt of Appeals of Minnesota · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API