Opinion

Marriage of Halverson v. Halverson

  • 381 N.W.2d 69
  • 1986 Minn. App. LEXIS 3976
Court
Court of Appeals of Minnesota
Filed
Feb 11, 1986
Status
Published
Author
Parker
On the bench
Nierengarten, Parker, Forsberg, Nierengar-Ten
Cited by
18 cases

The opinion

PARKER, Judge

(dissenting).

I respectfully dissent.

The majority affirms the trial court’s de-cisión which applies the language of both sentences of paragraph two of the stipulation to determine the amount of maintenance to be paid; they are however, inconsistent. If each sentence is viewed as a complete thought, in accord with customary english usage, the first sentence is seen to state the amount to be paid:

2. Maintenance. As and for fulfillment of his duty to support Petitioner, Respondent shall pay the sum of $6,000.00, in addition to the temporary maintenance payments made as of the date of signing of this stipulation.

The second sentence may then be read in harmony with the first; it states the method and time of payment:

Respondent shall continue to make monthly payments of $300 until the decree is entered; and shall pay $2,000 within 30 days of the entry of the decree, $2,000 within 60 days of the entry of the decree, and the balance within 90 days of the entry of the decree.

Note that the last lump-sum payment is not specified as $2,000 but as a balance because the last lump sum to be paid cannot be determined until the date of entry of the decree is known.

I suggest that the trial court ignored customary english usage as a guide to the meaning of language. I would hold that there is no ambiguity and that the two sentences may be read in harmony.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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