Dougan v. Dougan: Doctrine of judicial estoppel barred ex‑husband from claiming that interest provision in the judgment of dissolution was unenforceable.
Doctrine of judicial estoppel barred ex‑husband from claiming that interest provision in the stipulated judgment of dissolution was unenforceable; both ex‑husband and his attorney were aware of and understood terms of the interest provision at the time that they presented the stipulated agreement to the court, represented to the court that agreement was fair and reasonable and asked the court to incorporate the agreement into the judgment of dissolution.
By asking, later, the court refuses to enforce the provision, the ex‑husband took a position inconsistent with his previous position, and if ex‑husband was allowed to ask the court to invalidate this provision that entitled the ex‑wife to a substantial sum of money as interest for ex‑husband’s failure to make timely payment under the agreement, the ex‑husband would derive unfair advantage from this change of position.
Concurrence: Dougan v. Dougan
Reprint with permission.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
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