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Sharma v. Routh

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Appellant’s Motion for Rehearing Granted; Reversed and Remanded; Majority Opinion of December 31, 2008, Withdrawn; Majority Opinion on Rehearing filed October 8, 2009, Concurring Opinion on Rehearing Filed December 3, 2009.

CONCURRING OPINION ON REHEARING

In seven issues, appellant, Timothy L. Sharma, challenges the trial court’s characterization of income from two testamentary trusts created by Sharma’s first wife, Alice Hinniker Sharma, the division of the marital estate, the reliability of expert testimony, and the trial court’s refusal to file additional findings of fact and conclusions of law. Because the trial court mischaracterized a portion of the marital property, namely the trust income from Alice’s testamentary trusts, the majority correctly reverses and remands this case. Although I agree with the majority’s disposition, I would reverse and remand for different reasons. I therefore concur in the judgment only and write separately to explain my reasons.

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