Eric P. Sousa v. Donna M. Sousa. — Espinosa, J., Dissenting

Summary

Justice Espinosa dissented from the majority's conclusion that the trial court properly refused to vacate a postdissolution order modifying the parties' property division. She would have held that the statutory bar on modifying property assignments after dissolution deprived the trial court of subject matter jurisdiction and that the jurisdictional defect was sufficiently obvious to permit a collateral attack despite the finality of judgments. The dissent also contends that the majority improperly reframed the issue without allowing the parties to brief it.