Cadle v. Cadle

SCHUMACHER, Judge

(dissenting).

I believe the provision for spousal maintenance as set forth on the record by counsel for Bobbie Jean on February 23,1989 is *740ambiguous. An evidentiary hearing should have been héld by the trial court to determine Elsworth’s understanding of the oral stipulation. Landwehr v. Landwehr, 380 N.W.2d 136, 139 (Minn.App.1985).

The majority opinion concludes that Els-worth should have had a clear understanding of his obligation to pay permanent maintenance. Unfortunately, nobody asked Elsworth if he understood that he would be paying permanent maintenance and in what amount. The attorney’s or trial court’s understanding of the oral stipulation is irrelevant. Elsworth should at a minimum be heard on the matter.