specially concurring.
I concur in the Court’s opinion but do so somewhat reluctantly. I am not at all convinced that I have the ability to wade through and apply the maze of technical rules upon which reliance is placed to reach the result that is obtained.
The parties may be somewhat concerned that the Court does not address the issue presented, which as I read the briefs, was the contention that alimony could not be awarded in a no-fault divorce. Respondent, in her brief, says that:
“In this case the plaintiff filed for divorce; the defendant stayed the proceedings for reconciliation; plaintiff moved for summary judgment for divorce; the divorce was granted and plaintiff drew up the property distribution decree which is on its face unequal; plaintiff has been able to write off $700.00 per month as alimony, and the plaintiff has remarried.” Respondent’s Brief, pp. 7-8 (citations to record and transcript omitted).
The respondent relies heavily upon Ross v. Ross, 103 Idaho 406, 648 P.2d 1119 (1982), and suggests that the trial court be affirmed on the basis of an estoppel — which to my mind appears to be essentially correct.