Marriage of Wilson v. Wilson

With brevity, the majority concludes that the trial court did not abuse its discretion in ordering appellant to pay equitable restitution. With equal brevity, I conclude that this case is controlled by Ellesmere v. Ellesmere, 359 N.W.2d 48 (Minn.Ct.App.1984), and that the trial court abused its discretion.1. I further note that in this case the parties owned sufficient assets such that the "just and equitable division of the marital property” mandated by Minn.Stat. § 518.58 (1984) should have *434negated any need for the trial court to make its equitable award of restitution. Also, a strict,…