Legal Opinion · Concurrence

Arens v. Arens

South Dakota Supreme Court

Decided February 11, 1987No. 15239Published

1ConcurrenceHenderson, Justice

(specially concurring).

A letter is not a Finding of Fact or Conclusion of Law. There was no Finding of Fact or Conclusion of Law establishing a vested interest of the husband in his retirement account of $24,648 nor of the wife’s retirement account of $1,400. Here, the court accepted these “vestings” by letter. There was evidence that came in, post trial, by way of letter and communication to the court as to the valuation of these “vest-ings.”

If the trial court is to consider these valuations regarding “vestings,” and it appears that both parties recognize that they have a “vested interest,”…

2Cases cited5 opinions

  1. Martin v. MartinSouth Dakota Supreme Court · 1984
  2. Talbert v. TalbertSouth Dakota Supreme Court · 1980
  3. Stubbe v. StubbeSouth Dakota Supreme Court · 1985
  4. Connelly v. ConnellySouth Dakota Supreme Court · 1985
  5. Stanton v. SaksSouth Dakota Supreme Court · 1981

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