Read v. Read ( 1979 )

CROCKETT, Chief Justice

(dissenting).

In deference to the view of the majority of my colleagues, I have no strong aversion to the remand of this case. But I think it appropriate to record my own conviction of mind that the interests of justice would be better served by this Court exercising its prerogative and making appropriate changes in the decree. The main opinion impresses me as expressing very aptly and correctly certain principles relating to divorces and their review by the Court. The difficulty is that it does not follow those principles.

The opinion points out that when in its judgment the findings and decree have failed in their objective, this Court has the prerogative of making the best possible allocation of the property and resources of the parties so they can adjust their lives in a happy and useful manner. Yet the decision of the Court does not so proceed.

It is to be conceded that the findings and decree of the district court (a circuit judge invited to serve pro tem.) have some deficiencies. Notwithstanding those deficiencies, when the entire picture is surveyed, I think the findings provide a sufficient foundation upon which this Court could make any adjustments necessary to achieve the desired objective.

It is my judgment that this Court could best discharge its responsibility, by modifying the decree and minimizing the burden upon the defendant by reducing the alimony from $500 to $250 per month; by awarding him the $25,000 note; and by awarding him the boat which he assured the court would be regarded as a family asset to be used not only for his own benefit, but also for the children, though they are adults. This procedure would be in harmony with the above stated desired objective, whereas the effect of remand for another trial is but to extend disputations and animosities between these parties, instead of reaching the more desirable end of putting them to rest.