Miller v. Miller

I respectfully dissent. The modification of a permanent alimony award is a difficult case to appeal because the reviewing court must give the trial judge’s exercise of discretion a broad range1 and this case is further complicated by two prior appeals, which have a stare decisis or “law of the case” effect. The issue on appeal in this modification case is whether, under the circumstances established at trial, the trial judge abused his discretion by awarding the former wife only a $200 per month increase in her permanent alimony award (for a total of $1,050 per month).

The trial judge found…