In Re the Marriage of Hinkston

SPECIAL CONCURRENCE:

DAVIS, Judge,

Pro Tem., specially concurring:

I agree with Judge Jacobson’s disposition of all issues, but I wish to add an aspect of my thinking on A.R.S. § 25-328.

§ 25-328 contains a strong directive. It is not difficult for me to see how a court desirous of according full effect to legislation would come to the conclusion reached by the Honsey court.

Courts have occasionally been, forced to recognize that the literal terms of a statute must give way to its essential spirit, “equity”, or dominant intent. See 2A Sutherland Statutory Construction (4th Sands Ed. 1973), §§…