Closely-Held Corporations
Listed Chronologically
Texas Case Law
BEST BUMPER SUP. v. COTERILL, 08-02-00021-CV (Tex.App. 2004)
No. 08-02-00021-CV
September 15, 2004.
This is an appeal filed by Appellant, intervenor below in a divorce action
filed between Glenn Alan Coterill as Petitioner, and Appellee, Lorrie
Lou Coterill as Respondent below. Appellant is a corporation solely owned
by Glenn Alan Coterill. Appellant participated in the trial of the case
below as an intervenor pursuing a claim against Appellee.
Mississippi Reports
JOHNSON v. JOHNSON, 877 So.2d 485 (Miss.App. 2003)
No. 2002-CA-01552-COA.
December 16, 2003. Rehearing Denied April 6, 2004. Certiorari Denied July 9, 2004.
1. Paula L. Johnson appeals a chancellor's division of marital assets,
award of alimony and attorney's fees, pursuant to a consent for divorce
under Mississippi Code Annotated Section 93-5-2. We reverse and remand
for an equitable division of the parties' marital property and/or
for a proper and sufficient award of lump sum and/or periodic alimony.
Missouri Case Law
TAYLOR v. CLARK, 25471 (Mo.App.S.D. 2004)
No. 25471
June 30, 2004
Wilda J. Taylor ("Wilda") brought an action against Robert L.
Clark ("Robert"), Janette K. Clark ("Janette"), and
Clark Drilling, Inc. ("Clark Drilling") under Missouri's
Fraudulent Transfers Act (§§ 428.005 - 428.059, RSMo 2000) and
common law in which she alleged that transfers occurred among the defendants
through which Robert and Janette attempted to evade a debt Robert owed
Wilda for maintenance pursuant to a dissolution decree. Wilda appeals
from the February 26, 2003 amended judgment in which the trial court ruled
in her favor on one of three counts from her petition, finding that certain
stock transfers were fraudulent, in violation of § 428.024, RSMo
2000, and awarding her damages in the amount of $23,773. Wilda raises
eight points on appeal, which will be discussed following a more complete
recitation of the pertinent facts.[fn1]
New York Court of Appeals Reports
HOLTERMAN v. HOLTERMAN, 73 (N.Y. 2004)
73.
Decided June 10, 2004.
We are being asked in this matrimonial case to determine whether Supreme
Court erred by declining to adjust defendant's child support obligation
to account for the distributive award payments he was obligated to pay
plaintiff for her share of the future enhanced earnings attributable to
his medical license. We conclude that Supreme Court did not err as a matter
of law and in particular, under the circumstances of this case, did not
abuse its discretion in determining the distributive award or in its application
of the Child Support Standards Act (CSSA).
Iowa Reports
IN RE MARRIAGE OF FRETT, 4-083/03-1305 (Iowa App. 5-14-2004)
No. 4-083/03-1305
Filed May 14, 2004
Lisa and Robert Frett were married in 1978. They have two children: Macy,
born in 1986, and Raelyn, born in 1989. Lisa filed a petition for dissolution
of the parties' marriage on June 21, 2002.
Nebraska Reports
GANGWISH v. GANGWISH, 267 Neb. 901 (2004)
No. S-02-274.
Filed April 29, 2004.
Kimberley Faye Gangwish appeals from the decree dissolving her marriage
to Paul Allan Gangwish, and Paul cross-appeals. At issue in this appeal
are the trial court's decisions with respect to the property division,
the child support determination, and an attorney fees award.
Connecticut Appellate Decisions
PAGETT v. WESTPORT PRECISION, INC., 82 Conn. App. 526 (2004)
(AC 23304)
Officially released April 20, 2004
The defendant, Westport Precision, Inc., appeals from the judgment of the
trial court ordering the issuance of a writ of mandamus to the plaintiff,
Michael G. Pagett, pursuant to General Statutes § 33-946 (b) and
(c). The order required the defendant to allow the plaintiff, a minority
shareholder who was a former employee currently engaged in litigation
against the defendant, to inspect and to copy certain corporate financial
records and tax returns. On appeal, the defendant argues that the court
improperly granted the writ of mandamus after incorrectly finding that
the plaintiff (1) had established that his demand was made in good faith
and for a proper purpose, (2) had stated his purpose with reasonable particularity
and (3) had proven that the records requested were directly connected
with his purpose.
Ohio Unpublished Opinions
GREEN v. SHALL, Unpublished Decision (3-31-2004)
C.A. No. L-03-1123, Trial Court No. DR2001-0917.
Decided: March 31, 2004.
{1} This is an appeal from the April 7, 2003 judgment of the Lucas County
Court of Common Pleas, Domestic Relations Division, which granted the
parties, appellant/cross-appellee, Rita Green, and appellee/cross-appellant,
Robert Shall, a divorce and divided the parties' marital property.
For the following reasons, we reverse, in part, and affirm, in part, the
decision of the trial court.
New Jersey Superior Court Reports
STENEKEN v. STENEKEN, 367 N.J. Super. 427 (2004)
No. A-4435-02T2
Decided March 15, 2004 [EDITORS' NOTE: THIS PAGE CONTAINED HEADNOTES
AND HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY
ARE NOT DISPLAYED.]
In this matrimonial action, defendant Gary Steneken appeals from a February
24, 2003 order of the Family Part, after our remand, increasing alimony
to $5,500 per month, $1,500 more than the amount originally set by the
trial judge in the February 14, 2000 final judgment of divorce, and awarding
plaintiff Marilyn Steneken counsel fees. The novel issue raised in this
appeal is whether it is impermissible "double counting" to value
defendant's business based on his reasonable, rather than actual,
compensation and then to calculate alimony based on the same excess salary
that was added back to business income, thus increasing the value of the
corporate asset for which plaintiff already received her share in equitable
distribution.
Virginia Court of Appeals Unpublished Opinions
SAMUEL v. SAMUEL, Va. App. Unpublished (2004)
Record No. Nos. 2501-01-2, 1417-01-2.
January 28, 2004.
Brenda Kislek Samuel (wife) appeals the judgment of the trial court in
two separate cases. In Record No. 2501-01-2 (Samuel II), wife appeals
the trial court's dismissal of her motion for judgment alleging a
breach of the parties' "Agreement Regarding Separation, Support
and Division of Property" (Agreement) by Thomas Franklin Samuel,
Jr. (husband). In Record No. 1417-01-2 (Samuel I), wife appeals the trial
court's dismissal of a rule to show cause issued against husband for
his alleged violation of the terms of the final decree of divorce by failing
to pay wife certain sums in accordance with the Agreement. Husband argues
(1) that wife's appeal in Samuel II is barred because wife failed
to appeal the trial court's order dismissing her motion for judgment
and (2) that the trial court's judgment in Samuel I should be affirmed
because wife agreed that the trial court's letter opinion in Samuel
II, which was incorporated into the trial court's order dismissing
the rule to show cause, resolved the matters at issue in Samuel I. Husband
also requests an award of attorney's fees and costs associated with
these appeals. For the reasons that follow, we dismiss wife's appeal
in Samuel II, affirm the judgment of the trial court in Samuel I, award
husband reasonable appellate attorney's fees and costs, and remand
these cases to the trial court for determination of those fees and costs.
Kentucky Reports
SEXTON v. SEXTON, 125 S.W.3d 258 (Ky. 2004)
No. 2001-SC-0204-DG.
January 22, 2004.
This dissolution-of-marriage action presents one primary issue for our
consideration. Appellee owned an apartment building before his marriage
to Appellant. During the marriage, in exchange for the apartment building,
the parties acquired in their joint names an undivided one-sixth (1/6)
partnership interest in Autumn Park Partnership (Autumn Park), a real
estate partnership. At the time of the exchange, Appellee had a 94% nonmarital
interest in the apartment building. Both the trial court and the Court
of Appeals held that Appellee's nonmarital interest in the apartment
building did not become marital property because the partnership interest
was placed in the parties' joint names. Therefore, Appellee was awarded
a 94% nonmarital interest in the parties' partnership interest in
Autumn Park. Did Appellee's nonmarital interest in the apartment building
transmute into marital property when the partnership interest was placed
in the parties' joint names? Because, one, title is not controlling
in determining property's character, and, two, Appellee and his parents
did not intend for Appellant to receive any interest in the partnership
as a result of placing the partnership interest in the parties' joint
names, we hold that Appellee's nonmarital interest in the apartment
building did not become marital property simply because it was used to
acquire property that was placed in the parties' joint names. Accordingly,
we affirm the Court of Appeals's decision upholding the trial court's
judgment awarding Appellee a 94% nonmarital interest in the parties'
partnership interest.
Massachusetts Superior Court
ELLIS v. VARNEY, No. 9801397 (January 9, 2004)
No. 9801397.
Memorandum Dated January 9, 2004.
This is an action by the plaintiff, Jane Ellis ("Ellis"), a minority
shareholder of Varney Bros. Sand & Gravel, Inc. ("Varney Bros."),
a closely-held corporation, against the corporation and its directors
and officers. The defendant Linda Varney ("Linda") is president
of the corporation and is the stepmother of the plaintiff, having been
married to the plaintiff's late father, Richard E. Varney ("Richard").
The defendant Jon Varney ("Jon"), stepbrother of the plaintiff,
is vice president and a director and shareholder; the defendant Barbara
Jerrier ("Jerrier") is a vice president, director and employee;
and the defendant Bartholomew Molloy ("Molloy") is clerk and
a director.
Indiana Case Law
ESTATE OF PENZENIK v. PENZ PRODUCTS, 800 N.E.2d 1007 (Ind.App. 2003)
No. 71A05-0304-CV-192.
December 31, 2003.
The Estate of Gregory Penzenik ("the Estate") and the Gregory
Penzenik Trust ("the Trust") (collectively "the Appellants")
appeal the trial court's judgment requiring the Trust to sell its
shares of Penz Products, Inc. ("Penz") pursuant to a 1991 Stock
Sale and Purchase Agreement ("the Agreement"). The Appellants
present several issues for our review, but we address a single dispositive
issue, namely, whether the trial court erred when it found that the Trust
is required to sell its shares to Penz under the Agreement.
Virginia Court of Appeals Reports
OWENS v. OWENS, 41 Va. App. 844 (2003)
Record No. 3140-02-3.
December 16, 2003.
Ewell James Owens appeals four aspects of the trial court's equitable
distribution award in this divorce case. He claims the trial court erred
by failing to (a) apply a minority discount to his stock in a closely
held company, (b) reduce the award to account for tax consequences that
would arise upon a future sale of the stock, (c) adjust the award to back
out his personal wages from the company that had been previously incorporated
into the cash-flow valuation model, and (d) allow him more than four months
to pay the cash award before docketing the monetary judgment against him.
Finding that the chancellor did not abuse his discretion, we affirm.
West Virginia Supreme Court Reports
MAY v. MAY, 214 W. Va. 394 (2003)
No. 31123
Filed: November 10, 2003 Concurring Opinion Added December 4, 2003
This matter arises from a final order of the Family Court of Hancock County
resolving the equitable distribution of marital property between Hillman
H. May (hereinafter referred to as "Dr. May"), appellant/defendant
below, and Carol S. May (hereinafter referred to as "Mrs. May"),
appellee/plaintiff below. In this appeal, Dr. May contends that the family
court judge erred in adopting a report by Mrs. May's expert that assigned
a value for goodwill to his dental practice, and erred in the distribution
of real property. After considering the briefs and oral arguments of the
parties, we affirm in part, reverse in part, and remand.
North Carolina Reports
ALLEY v. ALLEY, 161 N.C. App. 181 (2003)
No. COA02-594
Filed 4 November 2003 This case not for publication
Plaintiff appeals an interim allocation order entered 19 November 1999
and an equitable distribution judgment entered 28 November 2000. Plaintiff
contends that the trial court erred in: (1) its valuation of the parties'
closely held business; (2) its classification, valuation, and distribution
of certain debts; (3) failing to classify, value, and distribute Defendant's
individual retirement account (IRA); (4) failing to classify, value and
distribute a debt owed to Plaintiff; and (5) entering an equitable distribution
judgment based on incomplete and invalid findings of fact and conclusions
of law. For the following reasons, we agree in part, and remand for further
proceedings.
Illinois Appellate Court Reports
IN RE MARRIAGE OF SCHNEIDER, 343 Ill. App.3d 628 (2003)
No. 2-02-0894
October 24, 2003.
The respondent, Jodi Ann Schneider, appeals from the March 4, 2002, order
of the circuit court of Lake County dissolving her marriage to the petitioner,
Earl M. Schneider. On appeal, Jodi argues that the trial court erred in
(1) failing to require Earl to maintain a life insurance policy naming
his children as the irrevocable beneficiaries; (2) valuing Earl's
dental practice; and (3) failing to award her attorney fees. We affirm
in part and reverse in part.
New York Appellate Division Reports
PELLINO v. PELLINO, 308 A.D.2d 522 [2d Dept 2003]
2002-09555
September 22, 2003.
An oral stipulation of settlement that is made in open court and stenographically
recorded is enforceable as a contract, and is governed by general contract
principles for its interpretation and effect (see Argento v. Argento, 304 A.D.2d 684;
Carnicelli v. Carnicelli, 205 A.D.2d 726, 727-728). The role of the court is to determine the intent
and purpose of the stipulation based on an examination of the record as
a whole (
see Argento v. Argento, supra; Carnicelli v. Carnicelli, supra). In addition, " `[w]hen a court analyzes a stipulation which has
more than one possible meaning, and where one or more of the possible
interpretations will result in a consequence which the proof might not
sustain and which seems unusual in the circumstances of the case, the
court should be careful not to apply the broader interpretation absent
a clear manifestation of intent' " (
Matter of Weiss v. Weiss, 289 A.D.2d 498, quoting
Kraker v. Roll, 100 A.D.2d 424, 438). Moreover, a court should not, under the guise of
interpretation, make a new contract for the parties (
see McWade v. McWade, 253 A.D.2d 798, 799;
Sklerov v. Sklerov, 231 A.D.2d 622).
North Carolina Reports
BASS v. BASS, 160 N.C. App. 251 (2003)
No. COA02-1068
Filed 2 September 2003 This case not for publication
Martin Lee Bass ("plaintiff") and Vickie Lynn Bass ("defendant")
were married on 16 June 1990, separated on or about 22 October 1997, and
divorced on 14 December 1998. The parties' cross-claims for equitable
distribution were heard on 7 September 2001, and on 16 January 2002, the
trial court entered a Judgment of Distribution of Marital Property (the
"equitable distribution order") in which the trial court identified,
and assigned a monetary value to, each item of marital property pursuant
to N.C. Gen. Stat. § 50-20 (2001). One item determined by the trial
court to be marital property was Bass Bonding Company, Inc. ("Bass
Bonding"), a bail-bonding business established together by the parties
during their marriage. With respect to the valuation of Bass Bonding,
the trial court made extensive findings of fact as follows:
Tennessee Unpublished Opinions
KERCE v. KERCE, M2002-01744-COA-R3-CV (Tenn.App. 8-29-2003)
No. M2002-01744-COA-R3-CV.
Filed August 29, 2003.
The appellant Stephen Paul Kerce challenges the divorce decree entered
in Moore County Circuit Court, alleging that the court erred in its valuation
and distribution of the marital estate. We affirm.
Missouri Case Law
MOORE v. MOORE, 111 S.W.3d 530 (Mo.App.S.D. 2003)
No. 24650
June 30, 2003 Motion for Rehearing or Transfer to Supreme Court Denied
July 22, 2003 Application for Transfer Denied August 26, 2003
Melanie D. Moore (wife) appeals the determination in a dissolution action
that certain trust assets were separate property of Charles M. Moore (husband).
This court affirms the dissolution judgment in part, reverses it in part,
and remands.
Minnesota Reports
IN RE MARRIAGE OF GOTTSACKER, 664 N.W.2d 848 (Minn. 2003)
No. C1-02-615.
Filed: July 17, 2003.
In this appeal of a marriage dissolution decree, appellant-husband, Gregory
Alan Gottsacker (Gottsacker), seeks review of the lower courts' determinations
that (1) respondent-wife Janis Edwards Gottsacker's (Edwards)[fn1]
Accumulated Adjustment Account (AAA) in a subchapter S corporation is
nonmarital property, and (2) Gottsacker is not entitled to any reimbursement
for taxes Edwards paid on the subchapter S corporation's interest
during the marriage. Edwards seeks review of the lower courts' determination
that her ownership interest in another closely held corporation, which
interest she purchased with distributions from the subchapter S corporation,
is marital property. We affirm.
Michigan Court of Appeals Reports
OLSON v. OLSON, 256 Mich. App. 619 (2003)
Nos. 230588, 237244, 237288.
Decided May 27, 2003, at 9:05 a.m. Updated July 7, 2003.
In Docket No. 230588, defendant John M. Olson, III, appeals as of right
and contests the manner in which the trial court divided certain property
and the award of spousal support in this acrimonious and litigious divorce
action. In Docket No. 237244, defendant appeals by leave granted the order
entered by Wayne Circuit Judge Cynthia Stephens, acting as chief judge
pro tem, denying his motion to disqualify Wayne Circuit Judge Richard
B. Halloran, Jr., from entertaining postjudgment motions filed by attorney
Henry Baskin on behalf of plaintiff Linda Olson. In Docket No. 237288,
defendant appeals as of right the August 14, 2001, "Judgment and
Award of Costs and Attorney Fees" by which Judge Halloran awarded
plaintiff additional attorney fees and costs in the amount of $573,729.[fn1]
New Jersey Superior Court Reports
FIREMAN'S FUND v. IMBESI, 361 N.J. Super. 539 (2003)
No. A-3443-01T3
Decided July 1, 2003 [fn1] The name used in this opinion is fictitious
in order to protect the privacy of the party. Page 540
This is an insurance coverage dispute involving the employers' liability
aspect of workers' compensation and employers' liability policies.
In the underlying litigation, Sally James sued her former employers, Click
Corporation of America, Inc. (Click) and North American Beverage Company
(North American), and their principal and her former supervisor, John
C. Imbesi (Imbesi). (None of the parties have sought to pursue this litigation
anonymously. In view of the subject matter, we use a pseudonym, Sally
James, for the claimant-appellant only.) She alleged, among other things,
sexual harassment in violation of the New Jersey Law Against Discrimination
(LAD), N.J.S.A. 10:5-12. She claimed both compensatory and punitive damages.
The case settled before trial.
Nebraska Reports
COFFEY v. COFFEY, 11 Neb. App. 788 (2003)
No. A-02-051.
Filed May 13, 2003.
Stacy A. Coffey, now known as Stacy A. Ryan, appeals from an order by the
district court for Douglas County, which terminated the joint custody
arrangement in the decree of dissolution and awarded custody of the parties'
minor children to J. Michael Coffey, subject to Stacy's specific visitation.
Stacy asserts error to the award of custody, visitation, and child support;
the assignment of bank accounts held for the benefit of the children;
and orders sealing the court file. In Michael's cross-appeal, he assigns
error with regard to fees for his own attorneys and fees for the guardian
ad litem (GAL) and the GAL's attorney
Arkansas Cases
COLE v. COLE, 82 Ark. App. 47 (2003)
CA 02-232
Opinion Delivered April 30, 2003
This appeal involves the financial aspects of the dissolution of a twenty-five-year
marriage. The trial court divided the marital estate, including the husband's
interest in a medical practice and associated entities, and also awarded
spousal and child support. Appellant Cindy Cole (wife) has appealed, taking
issue principally with the division of the marital estate, the award of
spousal support, and the award of child support. Appellee Randall Cole
(husband) has cross-appealed on the issue of calculation of his income
for child-support purposes. We have determined that the trial court's
judgment should be reversed and remanded.
New Hampshire Case Law
IN THE MATTER OF WATTERWORTH & WATTERWORTH, 149 N.H. 442 (2003)
No. 2002-240
Opinion Issued April 30, 2003
The respondent, Julie Watterworth (Wife), appeals the orders of the Portsmouth
Family Division (DeVries, J.) approving the final divorce decree recommended
by the Marital Master (Stephanie T. Nute, Esq.). She objects to the trial
court's calculation of child support and division of marital assets.
We affirm in part, vacate in part and remand.
Missouri Case Law
SUMNERS v. SERVICE VENDING COMPANY, INC., 102 S.W.3d 37 (Mo.App.S.D. 2003)
Nos. 24932, 24949
February 24, 2003 Motion for Rehearing and Transfer Denied March 18, 2003
The plaintiffs' declaratory judgment petitions asked that a "Buy-Sell
Agreement" between Jerry Sumners, Jr. ("Jerry, Jr.") and
Service Vending Company, Inc. ("Defendant") be interpreted as
not requiring Jerry, Jr. to sell his stock in the company to Defendant. Defendant's
responsive pleadings included a counterclaim for specific performance
of the Buy-Sell Agreement. Via summary judgment, the trial court ruled
adversely to the plaintiffs and ordered Jerry, Jr. to assign his stock
to Defendant.
Nebraska Reports
SCHUMAN v. SCHUMAN, 265 Neb. 459 (2003)
No. S-01-904.
Filed March 14, 2003.
Natalie K. Schuman appeals from a decree entered by the district court
for Lancaster County which dissolved her marriage to Bradley W. Schuman
and divided the marital estate. Bradley cross-appeals. Both parties assert
that the court erred in its valuation and division of the marital estate.
Tennessee Unpublished Opinions
NICELEY v. NICELEY, M2001-02182-COA-R3-CV (Tenn.App. 3-14-2003)
No. M2001-02182-COA-R3-CV.
Filed March 14, 2003.
After a sixteen-year marriage and one child, Husband and Wife both filed
for divorce. After hearing the evidence, the trial court fashioned a parenting
plan which named Husband the primary residential parent during the school
year and named Wife the primary residential parent during the summer and
most holidays and school breaks; valued and divided the marital property;
and awarded Wife attorney's fees as alimony in solido. We affirm the
parenting plan and the distribution of marital property but reverse the
award of attorney's fees because the trial court found Wife was not
economically disadvantaged.
New York Appellate Division Reports
PECHMAN v. PECHMAN, 303 A.D.2d 479 [2d Dept 2003]
2002-06770
March 10, 2003.
Contrary to the husband's contention, the Supreme Court properly exercised
its discretion in appointing an independent accountant to audit the financial
records of nonparty Lexington Glass Company, Inc. (hereinafter Lexington),
the closely-held corporation owned and managed by his family. The husband
is the president of Lexington. The record indicates that the husband has
been less than forthright regarding his income and finances, despite his
statutorily-mandated duty to disclose such information (see Domestic Relations
Law § 236 Dom. Rel.[B][4]). Furthermore, the corporate tax returns
for the three years preceding the commencement of the action indicated
that the husband was an equal owner in the company until one month after
the commencement of the action when, for reasons unclear in the record,
the corporate accountant was instructed to amend the tax returns to reflect
that the husband's father was the sole owner of the corporation. The
record also indicates that the personal finances of the husband and other
corporate officers were so completely commingled with the finances of
the corporation that the value of their income and benefits and their
purported shares in the corporation could not be delineated without a
complete audit of the corporate records. Information pertaining to the
husband's finances is crucial to the ability of the Supreme Court
to equitably distribute the assets of the marriage and to determine any
awards for maintenance and child support (see Domestic Relations Law §
236 Dom. Rel.[B]; Gellman v. Gellman, 160 A.D.2d 265, 267; De La Roche
v. De La Roche, 209 A.D.2d 157, 158; Kaye v. Kaye, 102 A.D.2d 682, 686).
Since such information can only be found in the intricate corporate records,
it was well within the discretion of the Supreme Court to order the audit
(see Burns v. Burns, 84 N.Y.2d 369, 375; Litman v. Litman, 61 N.Y.2d 918,
920; French v. French, 288 A.D.2d 256).
Iowa Reports
IN RE THE MARRIAGE OF CRAWFORD, 2-925/02-0551 (Iowa App. 1-29-2003)
No. 2-925/02-0551
Filed January 29, 2003
Appellant, Terence Edward Crawford, appeals, and appellee, Patricia Joan
Crawford, cross appeals challenging the economic provisions of the decree
dissolving their nineteen-year marriage. We affirm.
Wisconsin Case Law (Unpublished)
IN RE MARRIAGE FRANZEN v. FRANZEN, 2003 WI App 42, 260 Wis.2d 601
02-1007.
Opinion Released: January 29, 2003. Opinion Filed: January 29, 2003.
Richard Leroy Franzen appeals from a judgment of divorce and order denying
his motion for reconsideration regarding the valuation of his interest
in a closely-held corporation, Rick & Vic's Foods, Inc. (Rick
& Vic's). Richard argues that the trial court's valuation
of Rick & Vic's was contrary to the great weight and clear preponderance
of the evidence; specifically, Richard argues that his expert established
the actual fair market value of Rick & Vic's and the valuation
method relied upon by the trial court, the earnings before interest, taxes,
depreciation and amoritization method (EBITDA), was not a reliable valuation
method because it failed to account for Rick & Vic's non-operational
debt. We disagree and affirm the judgment and order.
Ohio Unpublished Opinions
OFFENBERG v. OFFENBERG, Unpublished Decision (1-23-2003)
Nos. 78885, 78886, 79425, 79426.
Decided January 23, 2003.
{1} This is an appeal and cross appeal from a judgment by Domestic Relations
Judge Anthony J. Russo that adopted and modified, in part, the recommendations
of Magistrate John R. Homolak on issues of child support, attorney fees,
sanctions, and contempt. Plaintiff-appellant Pnina Glassman, fka Offenberg,
asserts that appellee/cross appellant Nathan Offenberg's self-generated
income for purposes of child support computation was improperly and arbitrarily
determined, awards for attorney fees were arbitrarily low, her motions
for Civ.R. 37 sanctions were wrongfully denied, her motions for contempt
and judgment against Offenberg's new wife, Esther, should have been
granted, and Offenberg should not have been given a credit for asserted
child support overpayments and travel expenses.
Washington Court of Appeals Reports
MARRIAGE OF SIMS, 20283-6-III (Wash.App. 1-23-2003)
No. 20283-6-III
Filed: January 23, 2003 DO NOT CITE. SEE RAP 10.4(h). UNPUBLISHED OPINION
After 12 years of marriage, Jane and Louis Sims separated and Jane petitioned
for dissolution. Five years and numerous hearings later, the couple's
marriage was dissolved. The trial court awarded Jane assets and liabilities
worth approximately $1,009,400 and awarded Louis assets and liabilities
worth approximately $923,600. On appeal, Louis challenges the trial court's
classification, valuation, and distribution of several assets, including
the family home, an apartment building, and stock in Output Technology
Corporation (OTC). He contends the trial court erroneously assumed he
and Jane had a meretricious relationship before he was divorced from his
first wife. He also contends the trial court refused to adjust the distribution
when Louis became unemployed after trial but before final entry of the
decree. Because we find that the trial court did not abuse its discretion
in characterizing, valuing, or distributing the property, we affirm.
New Hampshire Case Law
IN THE MATTER OF LETENDRE AND LETENDRE, 149 N.H. 31 (2002)
No. 2001-536
Opinion Issued December 31, 2002
The petitioner, Peter Letendre, appeals the divorce decree issued by the
Salem Family Division (Reardon, J.) awarding the respondent, Linda Letendre,
alimony, health insurance coverage and an unequal interest in the marital
estate. We affirm.
Montana Case Law
STATE v. DEBUS, 2002 MT 307
No. 01-847
Decided: December 12, 2002 Page 58
1 The Appellant, Keith Debus, was charged by information filed in the District
Court for the Eighteenth Judicial District in Gallatin County with felony
theft. Following a two-day nonjury trial, the District Court issued its
Verdict in which it found Debus guilty of the offense charged. The District
Court sentenced Debus to eight years in the Montana State Prison, all
suspended except ninety days to be served in the Gallatin County Detention
Center, and ordered Debus to pay restitution to the victims. Debus appeals
his conviction. We reverse the judgment of the District Court.
Kansas Case Law
MYNATT v. COLLIS, 274 Kan. 850 (2002)
No. 87,418
Opinion filed: November 1, 2002.
This is a lawsuit brought by William S. Mynatt, Mynatt Truck & Equipment,
Inc. (Mynatt Truck), a Kansas corporation, against David W. Collis and
Ann M. Hughes, husband and wife. Highly summarized, the lawsuit was to
recover money used by the two individuals for their own personal use and
for punitive damages in favor of Mynatt and Mynatt Truck.
Massachusetts Superior Court
CONKLIN, v. PERDUE, No. 990335BLS (Sep. 17, 2002)
No. 990335BLS
September 17, 2002
The plaintiff, Jeffrey M. Conklin ("Conklin"), at the time of
the start of the trial on June 18, 2002, was unemployed. He is a graduate
of Boston College and holds a J.D. degree from Villanova University and
an M.B.A. degree from Duke University.
Washington Court of Appeals Reports
MARRIAGE OF BALTRUSIS, 48558-0-I (Wash.App. 9-16-2002)
No. 48558-0-I.
Filed: September 16, 2002. UNPUBLISHED OPINION.
In this dissolution case, we must decide whether the trial court correctly
valued the marital property or erred in calculating child support. We
affirm the property distribution, but reverse the order of child support
and remand for further proceedings.
Alaska Case Law
MARTIN v. MARTIN, 52 P.3d 724 (Alaska 2002)
No. S-9837.
July 19, 2002. Rehearing Denied Sept 5, 2002.
A husband appealing the property division in a divorce contends that the
trial court erred in finding that the parties intended to treat the husband's
premarital business as marital property. We affirm, because the husband
used marital funds to finance the business and because, at the husband's
request, the wife made substantial uncompensated contributions to the
business during the fifteen-year marriage. We also affirm the contested
property valuations, but reverse the award of the husband's premarital
camera to the wife.
Ohio Unpublished Opinions
ABERNETHY v. ABERNETHY, Unpublished Decision (8-15-2002)
No. 80406.
Decided August 15, 2002.
Robert H. Abernethy appeals from a judgment of the domestic relations division
of the common pleas court granting Eve Abernethy's complaint for divorce,
setting the duration of marriage from 1977 to January 2000 and dividing
the marital property accordingly, ordering him to pay $1530/month in spousal
support, and ordering him to contribute $10,000 toward Eve's attorney fees.
South Dakota Supreme Court Reports
LAIRD v. LAIRD, 2002 SD 99
No. 21998
Opinion Filed August 7, 2002.
[1.] Circuit Judge James W. Anderson sitting for Justice Richard W. Sabers,
disqualified, delivers the majority opinion of the Court on Issues One,
Two and Four.
Pennsylvania Superior Court Reports
FISHMAN v. FISHMAN, 2002 PA Super 250
No. 3390 EDA 2001.
Filed: August 1, 2002.
2 Steven Fishman ("husband") and wife were married on June 19,
1977. Trial Court Opinion, 2/11/02, at 1. The parties separated in June
1994, and have not lived together since that date.
Id. Wife continues to inhabit the marital residence.
Indiana Case Law
TROST-STEFFEN v. STEFFEN, 772 N.E.2d 500 (Ind.App. 2002)
No. 61A05-0110-CV-441
July 30, 2002
Catherine Trost-Steffen (Mother) appeals the trial court's order that
dissolved her marriage to Kenneth L. Steffen (Father). She raises the
following four restated issues: I.Whether the trial court's property
distribution, which awarded 85% of the net estate to Mother and 15% to
Father, was erroneous because such distribution awarded only 24% of the
jointly held property to Mother.
Pennsylvania Superior Court Reports
FITZGERALD v. KEMPF, 2002 PA Super 23
No. 1075 EDA 2001.
Filed: July 16, 2002. Petition for Reargument Filed July 29, 2002.
1 Steven Kempf appeals from the March 26, 2001, order awarding child support
in the amount of $11,733 per month. Due to numerous trial court errors,
we reverse and remand.
New Jersey Superior Court Reports
LORO v. DEL COLLIANO, 354 N.J. Super. 212 (2002)
A-7019-99T5
Decided June 6, 2002
This appeal again raises issues that we recently addressed in Issacson
v. Issacson, 348 N.J. Super. 560, 581-82 (App. Div. 2002), certif. denied,
174 N.J. 364, 807 A.2d 195 (2002), and requires us to consider the modification
of a child support award where the supporting parent is a "high-income
earner" and the income of the parties exceeds the child support guidelines.
We focus on the "incidental benefits" that may accrue to the
custodial parent of a child who benefits from a supporting parents "good
fortune." We conclude that the judge properly increased child support
to $700 per week but failed to adequately address the custodial parent's
entitlement to nonessential items of support, specifically, improvements
to the custodial home and furniture for the child. He also erred in his
methodology for the award of counsel fees. Accordingly, we affirm that
portion of the order of July 14, 2000, increasing child support from $500
per week to $700 per week and reverse and remand for further proceedings
as to: (a) the denial of nonessential benefits to the child and custodial
parent; and (b) the award of counsel fees to plaintiff. In all other respects,
the orders under appeal are affirmed.[fn1]
Ohio Unpublished Opinions
KELLEY v. KELLEY, Unpublished Decision (5-13-2002)
Case No. CA2001-04-087.
May 13, 2002.
Defendant-appellant, Joseph Kelley ("Kelley"), appeals the decision
of the Butler County Court of Common Pleas, Domestic Relations Division,
valuing and dividing assets and awarding spousal support in a divorce
proceeding against plaintiff-appellee, Beverly Kelley nka Hingsbergen
("Hingsbergen"). We affirm the trial court's decision in
part and reverse the order in part.
Alaska Case Law
FAULKNER v. GOLDFUSS, 46 P.3d 993 (Alaska 2002)
No. S-9658.
May 10, 2002.
Kimberly (Kim) Faulkner raises numerous issues concerning child support,
child custody, and property division in her divorce from Steven Goldfuss.
We affirm as to most of these issues, including child custody. But because
it was error to disallow Kim a deduction for the depreciation of several
rental properties, to include as gross income child support Kim received
for a child from a previous relationship, and to subtract the amount of
that child support from her proposed deduction under Alaska Civil Rule
90.3(a)(1)(C), we vacate the child support award and remand for a recalculation
of child support. And because the superior court valued the marital share
of Kim's military retirement based on the number of months she was
employed during coverture, rather than the number of points she earned
during coverture, we remand for additional findings.
Ohio Unpublished Opinions
MURPHY-GREEN v. GREEN, Unpublished Decision (5-6-2002)
Case No. CA2001-07-171.
May 6, 2002.
Defendant-appellant, James Green, appeals a decision of the Butler County
Court of Common Pleas, Domestic Relations Division, denying his motion
to modify child support.[fn1]
Nebraska Reports
MEDLOCK v. MEDLOCK, 263 Neb. 666 (2002)
No. S-00-1083.
Filed April 12, 2002.
This is an appeal from the decree dissolving the marriage of Linda Marie
Medlock and Melvin "Buddy" Eugene Medlock. The issue presented
in this appeal is whether Linda was entitled to a share of the assets
of Union Oaks, Inc., a nonprofit religious corporation operated by Buddy.
Massachusetts Supreme Judicial / Appeals Courts
CHAMPION v. CHAMPION, 54 Mass. App. Ct. 215 (2002)
No. 98-P-808.
March 19, 2002.
This matter comes to us on cross appeals from an amended judgment of divorce
nisi and an amended judgment on a complaint for modification. Both parties
assert that the trial judge erred in his valuation of the sole proprietorship
of the former husband (Gary), and in determining the amount of support
awarded the former wife (Joyce). We affirm the judgments.
Ohio Unpublished Opinions
TUCKOSH v. TUCKOSH, Unpublished Decision (3-15-2002)
Case No. 00 526 CA.
Dated March 15, 2002.
Lawrence and Carol Tuckosh filed cross-appeals from the decision of the
Harrison County Common Pleas Court entered in their divorce action. Both
parties assign multiple issues for our review including income levels,
the amount, length and nonmodifiability of spousal support, the amount
of child support, the valuation of the family business, the manner of
property distribution, an award of attorney fees, the transportation of
the children for visitation purposes, health care expenses, and the amount
of the temporary support orders. For the following reasons, some issues
are affirmed, some are remanded, and some must be reserved due to the remand.
New Jersey Superior Court Reports
ISAACSON v. ISAACSON, 348 N.J. Super. 560 (2002)
A-3519-99T2 A-1861-00T2
Decided March 8, 2002
Two issues dominate in these consolidated appeals from post-judgment orders
in the Family Part. The first is whether an attorney appointed as a mediator
to resolve ongoing economic disputes between the parties may also serve
as a guardian ad litem to represent the interests of the children. While
we recognize that the attorney appointed in this litigation provided outstanding
service to the litigants, the court and, most important, to the children,
we hold that the roles of a court-appointed mediator and guardian ad litem
are so inherently incompatible that one individual cannot serve in this
dual capacity in the same ongoing litigation.
New Jersey Superior Court Reports
BROWN v. BROWN, 348 N.J. Super. 466 (2002)
A-985-00T5
Decided February 28, 2002
Defendant James Brown ("James") appeals from the financial terms
of a divorce judgment, challenging the amounts awarded to plaintiff Ellen
Brown ("Ellen") as permanent alimony, child support, equitable
distribution, counsel fees, and expert witness fees. In this appeal, we
hold that under the rationale of Balsamides v. Protameen Chemicals, Inc.,
160 N.J. 352, 368 (1999), and Lawson Mardon Wheaton, Inc. v. Smith, 160
N.J. 383, 397 (1999), which adopt the position of the American Law Institute
as set forth at 2 ALI Principles of Corporate Governance § 7.22(a)
and comment e thereto, neither marketability nor minority discounts apply
to the valuation of defendant's 47½% interest in a closely-held
corporation for purposes of equitable distribution. For this and other
reasons, we remand for reconsideration and further findings with respect
to the equitable distribution of James's interest in his family's
business, as well as the counsel fee and experts' fee awards to Ellen.
Massachusetts Superior Court
MEYER v. KANE, No. 932545, 981097 (Feb. 13, 2002)
No. 932545, 981097
February 13, 2002
These are consolidated actions by the plaintiff, Sigfried E. Meyer ("Meyer"),
a minority shareholder of Toomey Associates, Inc. ("TA"), a
closely-held corporation, against the corporation and the other shareholders.
All of the other shareholders, with the exception of Michael Hatch,[fn3]
are members of the Toomey family. The defendants, Maureen T. Kane ("Kane"),
William C. Toomey, Jerome W. Toomey and Patrick C. Toomey, Jr., are children
of Patrick C. Toomey.
North Carolina Reports
FOUNTAIN v. FOUNTAIN, 148 N.C. App. 329 (2002)
No. COA01-14
Filed 5 February 2002
Reginald Morton Fountain, Jr. (Plaintiff) and Defendant were married on
21 April 1993 and separated on 2 September 1998 (the period between 21
April 1993 and 2 September 1998 will be referred to as "the marriage").
No children were born during the marriage. The parties lived together
continuously in North Carolina from 21 April 1993 until early 1994, when
Defendant moved back to the home of her parents on Kent Island, Maryland.
From 1994 through 1998, Defendant spent very little time in the marital
home, but Plaintiff made several trips to Maryland for the purpose of
visiting Defendant during this time. On 3 September 1998, Plaintiff filed
a complaint seeking a divorce from bed and board and equitable distribution.
Defendant, however, did not file an answer to Plaintiff's complaint
and default was entered against Defendant on 21 October 1998. Subsequently,
Plaintiff was granted a divorce from bed and board on 26 October 1998.
On 30 September 1999, Defendant filed a complaint praying for equitable
distribution, along with other relief. On 23 November 1999, the trial
court dismissed most of Defendant's claims but preserved and consolidated
her claim for equitable distribution.
Pennsylvania Superior Court Reports
COLONNA v. COLONNA, 2001 PA Super 376
Nos. 1282, 1316 WDA 2000.
Filed: December 28, 2001.
1 Mary M. Colonna (Wife) appeals the order of June 30, 2000, distributing
the parties' property pursuant to her antenuptial agreement with Robert
J. Colonna (Husband). Husband's cross appeal challenges various credits
issued to Wife.
New York Appellate Division Reports
FRENCH v. FRENCH, 288 A.D.2d 256 [2d Dept 2001]
November 13, 2001.
The plaintiff claims that the defendant's ownership interest in a closely-held
corporation is subject to equitable distribution and that the defendant
transferred this marital asset in contemplation of the divorce action
without fair consideration. Contrary to the defendant's contention,
he failed to establish that he was entitled to summary judgment on this
issue. It is well established that the proponent of a motion for summary
judgment must make a prima facie showing of entitlement to judgment as
a matter of law by tendering sufficient evidence to eliminate any material
issues of fact from the case (see, Winegrad v. New York Univ. Med. Center,
64 N.Y.2d 851, 853). The defendant failed to establish as a matter of
law that he did not have an ownership interest in the closely-held corporation.
The mere fact that the corporation did not issue any stock certificates
does not preclude a finding that he has the rights of a shareholder (see,
Serdaroglu v. Serdaroglu, 209 A.D.2d 600, 602; Matter of C & M Plastics,
194 A.D.2d 1020, 1022; Matter of Benincasa v. Garrubbo, 141 A.D.2d 636,
638). Moreover, the conflicting deposition testimony and substantial discrepancies
in the corporate records create questions of fact on the issue of stock
ownership (see, Matter of Steward, 229 A.D.2d 500; Kyle v. Kyle, 111 A.D.2d 537).
Ohio Unpublished Opinions
BOYLES v. BOYLES, Unpublished Decision (10-5-2001)
Accelerated Case No. 2000-P-0072.
October 5, 2001.
This is an accelerated calendar appeal submitted on the briefs of the parties
from the judgment entry issued by the Portage County Court of Common Pleas,
Domestic Relations Division, granting appellant, Viola E. Boyles, and
appellee, Stephen R. Boyles, a divorce.
Pennsylvania Superior Court Reports
GREEN v. GREEN, 2001 PA Super 256
Nos. 3259 EDA 2000, 3263 EDA 2000, 3269 EDA 2000.
Filed: August 31, 2001. Petition for Reargument Filed September 14, 2001.
1 These appeals stem from the October 30, 2000, order of the Court of Common
Pleas, Montgomery County, which ordered Arlin Green (Father) to pay Betsy
Green (Mother) spousal support in the amount of $3,082.00 per week and
child support in the amount of $5,072.00 per week, plus $842.00 per week
in arrears. Father, Delverde Corporation (Delverde) and the Trustees of
the Arlin S. Green Family Trust of 1987 (Trustees) filed appeals alleging
that the trial court lacked the jurisdiction over the 1987 Trust, erred
by refusing to adopt a prior order from Delaware County and erred in determining
that Father created the 1987 Trust. Upon review, we vacate the trial court's
order and remand for proceedings consistent with this opinion.
Pennsylvania Superior Court Reports
IN RE TRUST UNDER DEED OF GREEN, 2001 PA Super 186
Nos. 1768 EDA 2000, 1926 EDA 2000
Filed: June 25, 2001 Petition for Reargument Filed July 09, 2001. Petition
for Reargument Denied August 30, 2001.
1 Betsy Green appeals from two separate orders of the Delaware County Court
of Common Pleas, Orphans' Court Division. The appeals rest upon on
the following facts which are gleaned from the record.
Louisiana Case Law
COLLIER v. COLLIER, 00 1263 (La.App. 3 Cir. 7/18/01); 790 So.2d 759
No. 00 1263-CA.
July 18, 2001.
James D. Collier appeals certain aspects of a judgment partitioning the
community property existing between himself and his former wife, Dianne
Ranier Collier. Finding merit in some of Mr. Collier's arguments,
we grant part of the relief requested on appeal and amend the trial court's judgment.
West Virginia Supreme Court Reports
STEWART v. STEWART, 209 W. Va. 550 (2001)
No. 28741
Filed: June 27, 2001 Concurring Opinion Filed: July 11, 2001
The appellant in this proceeding, Richard M. Stewart, claims that the Circuit
Court of Cabell County erred in ordering him to pay his former wife permanent
alimony of $3,837 per month. Specifically, he argues that the circuit
court improperly found him guilty of mental cruelty, that the court erred
in awarding his former wife permanent, rather than rehabilitative alimony,
and that the court erred in setting the permanent alimony at $3,837 per
month, when his actual monthly income was only $6,000 per month. Lastly,
the appellant claims that he should not have been ordered to pay his former
wife's attorney and expert witness fees.
Arkansas Cases
DALRYMPLE v. DALRYMPLE, 74 Ark. App. 372 (2001)
No. CA 00-886
July 5, 2001
In this appeal, we are asked to review the chancellor's findings regarding
the division of property and the allocation of debts in a divorce case.
Appellant makes three arguments: 1) that the chancellor erred in ruling
that appellee's corporation, Dalrymple Insurance Agency, Inc., was
nonmarital property; 2) that the chancellor erred in ruling that the agency's
renewal commissions were nonmarital property; and 3) that the chancellor
erred in ruling that two bank notes representing approximately $41,000
in debt were marital debts rather than corporate debts. We affirm on the
first two points and reverse on the last.
Vermont Supreme Court Reports
CLARK v. CLARK, 172 Vt. 351 (2001)
No. 99-028, June Term, 2000.
June 22, 2001.
Father appeals from an order of the Chittenden Family Court granting mother's
motion to modify child support. He argues that the court had no jurisdiction
to modify the award because mother failed to meet her burden of showing
a real, substantial and unanticipated change of circumstances, see 15
V.S.A. § 660(a) & (b); and, even if the court had jurisdiction,
it incorrectly determined the amount of the modified award. We affirm.
Kentucky Reports
GREENE v. McFARLAND, 43 S.W.3d 258 (Ky. 2001)
1999-SC-1151-DG.
April 26, 2001.
This is a case involving the application of KRS 382.440 (memorandum of
actions affecting real property. . . .). The Court of Appeals determined
that Appellees were subsequent purchasers under KRS 382.440 (1), and thus
the trial court erred in refusing to discharge a lis pendens notice filed
by Appellants on Appellees' real property. However, we hold that the
trial court erred in finding that Appellants, as general creditors, were
entitled to file a lis pendens affecting the title of the property in
question. As such, we affirm the decision reached by the Court of Appeals,
but on different grounds.
Iowa Reports
IN RE GREENE, 0-738/00-0248 (Iowa App. 2-28-2001)
No. 0-738/00-0248.
Filed February 28, 2001.
Respondent John Robert Greene appeals the child custody and property distribution
provisions of the parties' dissolution decree. John argues the district
court erred in awarding physical care of the parties' two minor children
to the Petitioner, Pamelia Kay Greene, and that the property division
was inequitable. We affirm as modified.
Nevada Supreme Court Reports
PRO-MAX CORP. v. FEENSTRA, 117 Nev. Adv. Op. No. 7, 30774 (2001)
Nos. 30774, 30859.
January 31, 2001.
On September 15, 2000, this court issued an opinion in this appeal. Respondents
Jack A. Ferguson, Peter Feenstra and Shirley Feenstra timely petitioned
for rehearing. In light of the rehearing petition, we withdrew our September
15, 2000, opinion. We now conclude that rehearing is warranted and therefore
grant the petition and issue this opinion in place of our previously withdrawn opinion.
North Carolina Reports
KHAJANCHI v. KHAJANCHI, 140 N.C. App. 552 (2000)
No. COA99-1056
Filed 21 November 2000
The division of property between married persons following separation or
divorce was relatively simple in North Carolina before the enactment of
the Equitable Distribution Act in 1981. Prior to that time, this State
was one of a dwindling group of common law "title" jurisdictions,
in which property was assigned to the spouse holding its "title."
In most cases, that spouse was the husband. Typically, only real property
was jointly titled to the spouses. Although the number of women in the
work force increased after the end of World War II, the husband's
employment was still likely to be the primary source of income for the
parties, and any deferred compensation or retirement benefits were "owned"
by him. The title system of allocation "tended to reward the spouse
directly responsible for its acquisition, while overlooking the contribution
of the homemaking spouse."
White v. White, 312 N.C. 770, 774, 324 S.E.2d 829, 831 (1985).
See also 3 Suzanne Reynolds,
Lee's North Carolina Family Law § 12.5, at ___ (forthcoming publication, 5th ed. December 2000);
Sally B. Sharp,
Equitable Distribution of Property in North Carolina: A Preliminary Analysis, 61 N.C.L. Rev. 247 (1983).
Kansas Case Law
IN RE GEEDING, 270 Kan. 139 (2000)
No. 84,993
Opinion filed October 27, 2000.
This is an original uncontested proceeding in discipline filed by the office
of the Disciplinary Administrator against the respondent, Martin D. Geeding,
alleging violations of Kansas Rules of Professional Conduct (KRPC) 1.7
(representing a client when the representation would be in conflict with
another client) (1999 Kan. Ct. R. Annot. 321), and 1.8 (conflict of interest
involving compensation from one other than the client) (1999 Kan. Ct.
R. Annot. 325). We adopt and impose the panel recommendation of published censure.
Missouri Case Law
SHELTON v. SHELTON, 29 S.W.3d 400 (Mo.App.E.D. 2000)
No. ED76914
Filed: October 24, 2000
Donald Shelton ("Husband") appeals from a trial court Judgment/Decree
of Dissolution alleging trial court error in the classification of certain
property as marital, in the award of maintenance, and in ordering Husband
to pay Melissa Shelton ("Wife") retroactive child support. We
affirm in part and reverse and remand in part with directions.
South Dakota Supreme Court Reports
WATSON-WOJEWSKI v. WOJEWSKI, 2000 SD 132
No. 21083
Opinion Filed October 11, 2000.
[1] Paul Wojewski appeals a circuit court order which increased his child
support obligation and imposed other obligations not expressly mandated
by the South Dakota child support statutes. Paul also contends that in
setting child support, the circuit court erroneously excluded the potential
value of his ex-wife's liquid assets from her gross income. We reverse
and remand for further findings.
Wisconsin Case Law (Unpublished)
IN RE MARRIAGE OF NORMINGTON, Unpublished Decision (Ct.App. 2000)
Case No. 99-3004.
Opinion Released: September 21, 2000. Opinion Filed: September 21, 2000.
Not recommended for publication in the official reports.
Peter Normington appeals the judgment of divorce from Jeanette Normington,
contending that the trial court erroneously exercised its discretion in
(1) imputing $11,400 annual income to him based on the residence and related
services he was provided by the corporation of which he was part owner;
(2) imputing $5,000 annual income to him and to Jeanette each from interest
and dividends; and (3) awarding Jeanette maintenance of $1,000 per month
for three and one-half years, and $750 per month for the next two and
one-half years. We conclude the trial court did not make any errors of
law and properly exercised its discretion in making each of these decisions.
We therefore affirm.
Nevada Supreme Court Reports
PRO-MAX CORP. v. FEENSTRA, 116 Nev. Adv. Op. No. 93, 30774 (2000)
Nos. 30774, 30859.
September 15, 2000.
The primary issue presented in these appeals requires us to consider the
scope of NRS 106.240, which extinguishes certain real property debts ten
years after they become due absent recorded extensions, an issue of first
impression. We conclude that the district court erred when it determined
that the statute is applicable only to bona fide purchasers. For this
reason, we reverse the district court's judgment that certain notes
and deeds of trust are valid and enforceable. We affirm the district court's
order denying Jack A. Ferguson's request for attorney's fees.
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