DaCosse v. Ahrens

I must respectfully dissent to the majority opinion. To pursue the reasoning of the majority in the instant case requires remarkable imagination or an exercise in mental gymnastics that is mind-boggling to behold.

The learned trial court seemed to preface his remarks with an indication that John DaCosse would have been successful in his original divorce action. This was never litigated because of the reconciliation of the parties. One cannot speculate on the success or failure of this litigation. The trial court viewed this reconciliation agreement as a two-phase agreement, the first phase…