Williams v. Williams

I agree that the order from which plaintiff-appellant appeals should be affirmed and with the majority’s reasoning. I write separately, however, because I would award costs on this appeal to defendant-respondent.

The appellant presses two claims for setting aside the so-ordered stipulation the parties entered into in open court when both were represented by counsel: mutual mistake of fact and the absence of an acknowledgment. Both of these claims are wholly devoid of merit and at least border on the frivolous. While I recognize that we generally do not award costs in matrimonial appeals, we…