Legal Opinion · Dissent

Hautala v. Hautala

South Dakota Supreme Court

Decided January 6, 1988No. 15632Published

1DissentHenderson, Justice

Three separate issues are presented by the briefs, and I concur on Issues 1 and 2 as set forth by the majority opinion.

With respect to Issue 3, rehabilitative alimony, I respectfully dissent.

Per Finding of Fact 17, “[bjoth parties have engaged in a course of conduct during the course of the marriage causing the other party grievous mental suffering.” Per Conclusion of Law 7, both parties were entitled to a divorce.

Goehry v. Goehry, 354 N.W.2d 192 (S.D.1984), cited by the majority opinion, written by the author of this special writing, is not a rehabilitative alimony case. It does, however,…

2Cases cited16 opinions

  1. Herndon v. HerndonSouth Dakota Supreme Court · 1981
  2. Saint-Pierre v. Saint-PierreSouth Dakota Supreme Court · 1984
  3. Krage v. KrageSouth Dakota Supreme Court · 1983
  4. Tesch v. TeschSouth Dakota Supreme Court · 1987
  5. Cole v. ColeSouth Dakota Supreme Court · 1986

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