Marvin v. Marvin

KLEIN, P. J.—I dissent.

This case was tried by the court sitting without a jury over a three-month period, during which time presumably extensive evidence was taken. The trial court was able to evaluate the parties and witnesses as they appeared and gave testimony. However, since the record on this appeal consists only of the judgment roll rather than a reporter’s transcript, we do not know the extent and nature of the evidence presented, or whether the issues as framed by the pleadings were expanded during the trial.

We do know that at the conclusion of the trial, the trial court awarded…