Carnaggio v. Carnaggio
| Decision Date | 15 May 1985 |
| Citation | 475 So.2d 861 |
| Parties | Mary Ann CARNAGGIO v. Frank CARNAGGIO. Civ. 4584. |
| Court | Alabama Court of Civil Appeals |
Jake V. Bivona of Paden, Green, Paden & Bivona, Bessemer, for appellant.
Joe L. Tucker, Jr. of Holliman, Tucker & Ladner, Bessemer, and Edward L. Hardin, Jr. of Hardin & Hollis, Birmingham, for appellee.
This is a divorce case.
The wife, defendant below, has appealed and complains of abuse of judicial discretion in the division of property and amount of periodic alimony awarded to her.
To summarize the evidence, the parties were married in 1955, separated in 1982, and divorced in 1984. Three children were born to the marriage and all are emancipated. The plaintiff operates a restaurant, in partnership with his aunt, and the defendant is a housewife, although she did assist her father with the operation of another restaurant in years past. The evidence is in conflict as to the breakdown of the marriage. The plaintiff portrays himself as a hardworking businessman, a good father, and the defendant as an irascible person who is abusing prescription drugs. The defendant contends the plaintiff spent all his spare time on hobbies, as flying, motorcycles, radios and computers, and in essence abandoned her. Defendant suffers from a personality disorder, migraine headaches and gastro-intestinal disturbances that generally make her unemployable. The plaintiff is age sixty and the defendant is age fifty-three. Income tax returns show gross income of $31,000 in 1981, and $35,000 in 1982. Defendant further alleged that plaintiff brings home $500 a week in unreported income.
After ore tenus hearing the trial court awarded to the defendant the parties' home, valued at $40,000, and ordered the plaintiff to pay off the mortgage indebtedness of $10,000 within forty-five days; household furniture valued at $20,000; silver coins and bullion valued at $43,000; $60,000 in cash; $132,850 payable at $1,088.93 for 121 months; $800 per month as periodic alimony; $6,500 attorney's fee, and cemetery lots of undisclosed value. The defendant owns three parcels of real estate in her own right. The plaintiff was awarded $35,000 in municipal bonds; $12,000 in accounts receivable; $73,000 in government investors bonds; $15,000 I.R.A.; 9-10 acres on Karl Daly Road valued at $80,000; his one-half interest in the Central Park property valued at $80,000; property in East Lake valued at $55,000. Exclusive of the cemetery lots, the amount awarded the defendant constitutes thirty- -eight percent of the marital estate with sixty-two percent going to the plaintiff.
In regard to the defendant's allegations of error on appeal, each of the matters falls within the judicial discretion of the trial court, and its judgment is presumed to be correct upon appeal and cannot be changed by this court, unless the judgment is unjust or palpably wrong or unsupported by legal evidence. Wetherbee v. Wetherbee, 432 So.2d 1313 (Ala.Civ.App.1983). In exercising discretion to divide property and to award alimony in a divorce case, a trial court may consider such factors as the earning capacity of the parties, their future prospects, their age, health, and duration of the marriage, their standard of living,...
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