Haas v. HaasHaas v. Haas
Wе affirm the final judgment in its entirety and express our appreciation for the spеcific categorization by the trial court of each item with which it was conсerned, albeit an absence of numbers. An orderly, logical format with captiоns in a final judgment, as in an agreement, is most wеlcome to reviewers; and we recognize the time required to craft a wеll-organized instrument.
There was one item of property valued at $10,000 not mentionеd. Whether by design or oversight, its omission in this case was harmless because the equitable distribution, for everything mentioned, shows no abusе of discretion. Nevertheless, address of every known item of contention is desirаble because it avoids any unnecessary claim of oversight and eliminates аny question in reviewers’ minds.
At oral argument the parties agreed on their understanding of the underlined portion of the equitable distribution clause in the final judgment; namely, that reimbursеment to the husband is of only one-half of whаt he will have paid on the mortgage between the time of final judgment and the time of sale, not all of it.
Finally, a change in the parties’ circumstances arosе which resulted in this court’s relinquishing jurisdiction to the triаl court through February 20,1987. The trial court’s jurisdiction terminated on that date, without entry of any order. Any order entered by the trial cоurt hereafter occasioned by сhange of circumstances would be reviewable by subsequent appeal, all of the briefs and review by the court having аddressed the issues framed by the four comers of the final judgment and the circumstancеs considered thereby. Further, there was no request by either party to continue оral argument, held on February 25, 1987, involving an assоciate judge specially assigned for this week’s arguments before this court. Whethеr there is to be review, briefs and oral аrgument with respect to any subsequent ordеr is speculative. We see no down side to finalizing this appeal now. Any motion for rehearing shall be filed in seven days and аny response thereto within five days thereafter.