Wilson
Wilson v. Wilson
Opinion
Dissenting Opinion
Files, J.
I would affirm the order. The record contains substantial evidence of changed circumstances, and I do not join in the assumption that the trial judge did not fairly consider all of it.
A petition for a rehearing was denied September 18, 1975. Files, J., was of the opinion that the petition should be granted. Respondent’s petition for a hearing by the Supreme Court was denied October 30, 1975.
Lead Opinion
Dunn, J.
On March 3, 1958, the superior court entered an interlocutory judgment of divorce between Nancy and James Wilson. Its judgment recited, among other things, that defendant James’ answer to Nancy’s complaint had been withdrawn and the matter would be heard as a default, that James must make monthly support payments to Nancy in a certain amount and that a property settlement agreement was “approved.” Pursuant to an order to show cause, filed by James in April 1974, the trial court in a minute order dated 21 August 74, modified the support provision by termination. It is from this order 1 that Nancy appeals.
*118 The “Decision and Order” mentioned in the minute order, recites that James is able to continue making payments but that he argues the passage of time is, alone, sufficient to justify termination. Citing Cushing v. Cushing (1970) 3 Cal.App.3d 882 [ 84 Cal.Rptr. 76 ] in the body of its “Decision and Order,” the court concluded by saying: “Hence, the court believes espousal support must be terminated. First, on the basis time is sufficient reason alone to constitute the requisite change of circumstances; and, secondly, there are sufficient facts, such as the former…