No. 95-2260
STATE OF WISCONSIN IN
COURT OF APPEALS
DISTRICT III
In re the Marriage of:
PATRICIA FROSTMAN,
Petitioner-Respondent,
v. ERRATA SHEET
KENNETH R. FROSTMAN,
Respondent-Appellant.
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Marilyn L. Graves Clerk of Court of Appeals 231 East, State Capitol Madison, WI 53702 |
Peg Carlson Chief Staff Attorney 119 Martin Luther King
Blvd. Madison, WI 53703 |
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Court of Appeals District I 633 West Wisconsin Ave. Milwaukee, WI 53203 |
Court of Appeals District
II 2727 N. Grandview Blvd. Waukesha, WI 53188-1672 |
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Jennifer Krapf Administrative Assistant 119 Martin Luther King
Blvd. Madison, WI 53703 |
Court of Appeals District
IV 119 Martin Luther King
Blvd. Madison, WI 53703 |
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Hon. Norman L. Yackel |
Jack A. Carlson 122 W. Bayfield St. |
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Ashland County Courthouse Ashland, WI 54806-1688 |
Washburn, WI 54891 |
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Matthew F. Anich 220 Sixth Ave., West Ashland, WI 54806 |
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PLEASE TAKE NOTICE that
the attached page 6 is to be substituted for page 6 in the above-captioned
opinion which was released on February 27, 1996.
Dated this 21st day of March, 2005.
We further conclude that
the court's silence with respect to the effect of the property division and
Patricia's income generating assets is not reversible error because the court
effectuated an equal property division and both parties were awarded income
generating liquid assets. The divorce
judgment shows that Kenneth was awarded two IRA's valued at $7,061 and $18,340
respectively, as well as two bank accounts valued at $5,434 and $10,640
respectively. In addition, Patricia was
ordered to pay Kenneth cash to balance the property division in the sum of
$5,025.50. Although Patricia received
$12,000 in savings bonds not subject to division, Kenneth does not tell us what
income this asset is capable of generating.
In addition, Patricia's receipt of $100 per month from each of her sons
was offset by the expense of household groceries. Because the maintenance determination reflects a reasonable
exercise of discretion, we sustain it on appeal.
Next, Kenneth argues
that the trial court misused its discretion when it awarded Patricia the
residence. He does not dispute that the
property division was equal, but contends that his reasons for desiring the
house were more compelling than Patricia's.
For example, he argues that he built the house himself and has emotional
and practical reasons associated with retirement activities and his
disability. He argues that the trial
court erroneously premised its decision on the erroneous finding that his
sister lives next door to the Iron River cabin. He states that his sister owns the cabin next door but does not
live there. He further contends that
Patricia's reasons for wanting the house, relating to her now deceased mother
and social and