About 18 months ago, I posted about a divorce case of mine in which we went to trial and won significantly more than 50% of the jointly titled real estate for my client. See Equitable but Unequal Division of Real Estate in Divorce 9/2/11.
Unhappy with the ruling, the wife appealed. A few weeks ago, I learned that the Court of Appeals affirmed the trial court’s ruling awarding the real estate to my former client, the husband. To read the Court of Appeals’ decision click here: Appeal.
This was a huge win for my former client. The only downside is that the ruling is a memorandum decision, which means it may not be cited as precedent in other cases. In other words, it doesn’t created any new Arizona law. It is a great case for my former client, but no other lawyers will be able to rely on this ruling to argue for similar results for their clients.
This ruling is another reminder to me that sometimes the only way to find out whether you can win an issue is to take it to trial. You may try the case and lose, but if you fail to try the case, you lose for sure. Try the case, and you may succeed.
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