Morin v. Dubois

ROBERTS, Justice, with whom WATHEN, Chief Justice, joins,

dissenting.

[¶ 9] I must respectfully dissent because the Court disregards the proper function of an appellate court and ignores much of the factual findings of the trial court. Although the record could support a finding that Paul transferred his interest in the property with the actual intent to hinder, delay, or defraud his creditors, there is competent evidence to support the court’s contrary finding that he did not act with that intent.

I

[¶ 1Ó] Initially, I will elaborate on the various transfers at issue. In September 1989 Paul…