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BURNELL v. BURNELL

Docket: Pen-11-222

40 A.3d 390 (2012)

2012 ME 24

Franklin L. BURNELL Jr. v. Lynette D. BURNELL.

Supreme Judicial Court of Maine.

Decided: February 28, 2012.

Attorney(s) appearing for the Case

Jed J. French, Esq. (orally), and Maryellen Sullivan, Esq. , Freeport, on the briefs, for appellant Franklin L. Burnell, Jr.

Suzanne N. Russell, Esq. (orally), Vafiades, Brountas & Kominsky, LLP, Bangor, on the briefs, for appellee Lynette D. Burnell.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

LEVY, J.

[¶ 1] Franklin L. Burnell Jr. appeals from a judgment of the District Court (Bangor, Gunther, J.) granting Lynette Burnell's motion to modify the parties' 1989 divorce judgment. Franklin argues that the divorce judgment was unambiguous in awarding him his full military pension and that the court erred in determining otherwise and awarding a portion of his benefits to Lynette. We agree and vacate the judgment.

I. BACKGROUND

[...

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