¶1(dissenting):
¶2I disagree with the reasoning and analysis of my fellow judges in the case subjudice. I VOTE to reverse and remand for a new trial.
¶3After perturbation and disquietude resulting from my analysis of the evidentiary record, I have come to the ineluctable conclusion to dissent. My concernment is nexed to the lack of viability given to the annulment declaring the marriage “void ab initio ” by the majority.
¶4The annulment ruling the marriage “void ab initio ” was an arbitrament by a family court judge. The family court had subject matter jurisdiction at the time of the issuance of the annulment.
¶5The majority has misconstrued and misapplied the efficacy of the annulment order of the family court. The Latin phrase “ab initio ” has definite and certain meaning. “Ab initio ” in Latin means “from the beginning.” An agreement is said to be “void ab initio ” if it has at no time had any legal validity.
¶6The majority opinion fails to recognize that the family court judge had the authority and power to issue the annulment and to order the marriage “void ab initio.”
¶7I VOTE to REVERSE.