Ross v. Ross

My primary concern in writing this dissent is with that portion of the majority opinion which concludes that the plaintiff, Lucy Ross, is estopped from asserting error with regard to the date at which the community terminated for purposes of division of property as a result of the partial summary judgment of divorce. Were it not for the majority’s bizarre use of estoppel in this case, as discussed infra, I could otherwise concur1 in the majority opinion.

The concern of the plaintiff on this particular issue is that the trial court refused to take additional evidence on the amount of earnings…