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-brief was extended until after appellee received portions of
the transcript designated by appellant. The transcript as
designated has never been filed in complete form and appellee
f
- has never filed a brief. Appellant has filed a document waiving
the right to be heard with regard to any argument made which
is not supported by a transcript. {
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Under all of these circumstances the Court on November 8-,
1978, ordered-appellee~to file whatever brief deemed advisable
within thirty days.: No brief was ever filed.--The matter has
thus been considered and disposed of upon such record and briefs
as have been filed.
We find that the final judgment discloses error on its
face and reverse.
The trial court found that the husband was unemployable
but that he would be receiving certain sums of money in the
future due to the sale of a jointly owned business. The parties
' owned two-assets jointly. One was a home and the other was
Seymour's Inn, a restaurant and bar. The court found that there
were no special equities in either one.
The court ordered child support to the wife based upon
~ the husband's "net worth." This net worth was based on the
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husband's interest in the bar. The court ordered the bar be
sold and the proceeds be used to pay off various designated
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~ bills and debts growing out of the marriage. The court then
stated that anything left over was. to be split equally between
the parties.
As to the jointly owned home, the court ordered that
a the wife be awarded the husband's interest as lump sum alimony.
The judgment then went on to condition this award of lump
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sum alimony b~ reciting that if the sale of the bar did not
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result in the husband's getting a substantial sum of money,
then wife"would not get the house-as lump sum alimony but
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