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 time that they presented stipulated agreement to court, represented to court that agreement was fair and reasonable and asked court to incorporate agreement into the judgment of dissolution, and by later asking that court refuse to enforce provision, ex‑husband was taking a position inconsistent with his previous position, and if ex‑husband was allowed to ask court to invalidate this provision that entitled ex‑wife to substantial sum of money as interest for ex‑husband’s failure to make timely payment under agreement, ex‑husband would derive unfair advantage from this change of position.
Concurrence: Dougan v. Dougan
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