In Re Marriage of McNaughton

Husband appeals a judgment on reserved issues following an action for dissolution of marriage.

Husband and Wife separated in 1978 after a 32-year marriage. At trial the parties stipulated to all issues except spousal support and attorney’s fees. The values of the properties awarded to each party were not presented in open court, but it was agreed that the court could consider information discussed in chambers along with evidence of the income of the properties to be introduced at trial.

The trial court issued its memorandum of intended decision on December 9, 1981. Husband filed a request for findings of fact and conclusions of law on December 10, 1981, but on January 20, 1982, the court issued its judgment without the required findings of fact and conclusions of law. Husband filed a notice of appeal from this judgment on January 29, 1982, and on February 1, 1982, the court granted an ex parte motion to strike the judgment, ordering Wife to submit proposed findings of fact and conclusions of law. On March 18, 1982, a new judgment with findings and conclusions was entered. Husband then amended his appeal.

Discussion

The March 18, 1982, Judgment is Valid

Husband argues…