Reynolds v. Reynolds

Decision Date15 July 2003
Docket NumberNo. WD 61091.,No. WD 60665.,WD 60665.,WD 61091.
Citation109 S.W.3d 258
PartiesNorma D. REYNOLDS, Appellant, v. James L. REYNOLDS, Respondent.
CourtMissouri Court of Appeals

Anita I. Rodarte, Kansas City, MO, for appellant.

Don A. Peterson, Kansas City, MO, for respondent.

Before SPINDEN, P.J., BRECKENRIDGE and NEWTON, JJ.

PATRICIA BRECKENRIDGE, Judge.

Norma D. Reynolds (Wife) appeals the judgment and decree of dissolution of her marriage to James L. Reynolds (Husband). The trial court dissolved the parties' marriage on May 25, 2001, and entered a judgment dividing their property on October 10, 2001. Thereafter, on February 1, 2002, the trial court entered what it denominated as "Findings and Recommendations[,] Judgment and Order Nunc Pro Tune," which attached an exhibit to the judgment that divided the parties' marital and non-marital personal and real property. Wife appeals both judgments, and raises ten points of error. First, Wife claims that the trial court erred in dividing and valuing the proceeds from the sale of the parties' marital real property at 411 West Maple because it improperly granted Husband a credit for his non-marital contribution to the purchase of that property and its valuation was not supported by the evidence. Second, Wife asserts that the trial court erred in selling, valuing, and dividing the parties' marital real property known as Blairstown Farm in conflicting provisions within the judgment. Third, Wife argues that the trial court erred in entering its order on February 1, 2002, to attach Husband's Exhibit 9 to the October 10 judgment because it did not merely correct a clerical error but instead changed the October 10 judgment. Fourth, Wife alleges the trial court erred in awarding her marital household goods valued at $89,642 because it did not identify the property she is to receive. Fifth, Wife claims the trial court erred in awarding Husband marital personal property valued at $75,631 and a judgment against her "in the sum of $75,631.00 less credit for items of such personal property awarded to [Husband] that [Wife] returns to [him]" because it did not identify the property he is to receive, it awards the value of the property to him twice, and is conditional. Sixth, Wife contends that the trial court erred in awarding Husband a judgment against her in the amount of $25,531 for his non-marital property sold by Wife because it is vague and unenforceable in that it did not include a list of the non-marital property sold by Wife and it is conditional. Seventh, Wife maintains that the trial court erred in awarding Husband "the right to pursue and recover any claim" he may have against her for breach of their settlement agreement. Eighth, Wife asserts that the trial court erred in its total division of the parties' marital property because it is so disproportionately weighted in favor of Husband as to be inequitable and a misapplication of section 452.330. Ninth, Wife claims that the trial court erred in awarding the entire claim against the William Randall Estate to Husband because the value of the claim could not be determined. Tenth, Wife contends that the trial court erred in ordering her name to be changed from "Reynolds" to "Pemberton" because she withdrew her request for a name change at trial.

This court finds that: (1) the trial court did not err in awarding Husband all of the West Maple proceeds as a credit for his non-martial contribution, and the valuation of the proceeds was supported by the evidence; (2) the trial court did not err in ordering the sale of and valuing, but erred in dividing, Blairstown Farm because the division was uncertain; (3) the trial court did not err in amending the October 10 judgment on February 1 because the October 10 judgment was not a final judgment so the trial court retained jurisdiction to amend it; (4) the trial court erred in its award of marital household goods to Wife because its award of the Martin D28 guitar was uncertain; (5) the trial court erred in its award of marital personal property to Husband because the award was conditional; (6) the trial court erred in its award of non-marital property to Husband because the award was conditional; (7) the trial court erred in awarding Husband the right to pursue any claim he may have against Wife for breach of the settlement agreement because the settlement agreement was never enforceable; (8) the trial court did not err in awarding the entire claim against the William Randall Estate to Husband because there was evidence from which the value of the claim could be determined; and (9) the trial court erred in ordering Wife's name change because the evidence showed that she did not want her name to be changed. This court also finds that the trial court erred in awarding Wife the right to pursue any claim she may have against Husband for the possession or disposition of her diamond ring because it does not achieve a complete distribution of all of the parties' property. Accordingly, the judgment of the trial court is affirmed in part, reversed in part, and remanded. Because portions of the property division are reversed and remanded, this court will not address Wife's challenge in her eighth point to the entire division of marital property.

Factual and Procedural Background

"On appeal of a dissolution of marriage proceeding, [this court] review[s] the evidence in the light most favorable to the trial court's decision." Taylor v. Taylor, 12 S.W.3d 340, 344 (Mo.App.2000). Husband and Wife were married on April 4 1987, in Independence. They separated on August 1, 1997. They had no children together. On February 14, 1998, Wife filed a petition for dissolution of the marriage.

A trial was held before a commissioner on May 23 to May 24, 2001. On May 25, 2001, the trial court adopted the commissioner's findings and recommendations and entered a judgment dissolving the marriage. On October 10, 2001, the trial court adopted the commissioner's findings and recommendations on the division of property as its judgment and decree. The trial court found that Husband had made substantial contributions from his pre-marital assets to the marital assets, "for which he should receive credit in the division of the marital property." The court also found that Wife had "disposed of marital and non-marital property of [Husband] for which she should account to [Husband] by an adjustment in the allocation and reflected in the division of the marital property." In its judgment, the court, "after considering all relevant factors," including the parties' economic circumstances, Husband's contribution to the marriage as a homemaker, the value of the parties' non-marital property, the parties' conduct during the marriage, and the testimony and credibility of the witnesses, divided the property and debts of the parties.

With regard to the parties' marital real property, the court awarded all of the proceeds from the sale of marital property located at 411 West Maple to Husband. The court also ordered the sale of another piece of martial property, Blairstown Farm, and, after giving $65,214.34 to Husband for his non-marital contribution and $23,000 to Wife for her non-marital contribution, divided the proceeds equally between the parties. Later in the judgment, the trial court divided the proceeds of Blairstown Farm equally between the parties, after payment of credit for rents and expenses of sale. The trial court also reduced Wife's share to satisfy the judgments awarded to Husband against her for the value of household goods that Wife disposed of, the value of Husband's non-martial property that Wife disposed of, and Husband's non-marital contribution to the purchase of Blairstown Farm. The trial court did not give Wife $23,000 for her non-marital contribution.

As to the parties' household goods accumulated during the marriage, the trial court awarded Wife property worth $89,642 and Husband property worth $75,631 "[pier attached description or itemization." The trial court further gave Husband "judgment against [Wife] in the sum of $75,631.00 less credit for items of such personal property awarded to [Husband] that [Wife] returns to [Husband] as herein ordered by the Court." In addition, the trial court awarded Husband "the non-marital property of [Husband] itemized on the attached exhibit and having a value of $500.00[.]" No descriptions, itemizations, or exhibits were attached to the judgment, except for a legal description of Blairstown Farm.

The trial court also "awarded [Husband] judgment against [Wife] for the non-marital property of [Husband] sold by [Wife] in the sum of $25,531.00 less credit for items of such personal property awarded to [Husband] that [Wife] returns[.]" The trial court further gave Husband "the right to pursue and recover on any claims [he] may have against [Wife] for breach of the Memorandum of Settlement agreement," "the right to pursue and recover on any claim against [Wife] as he may have concerning her possession or disposition of a certain Martin D28 guitar in which a ½ interest is awarded to him as his separate personal property," and "the exclusive right to pursue and recover any claim the parties have against the Estate of William J. Randall relating to environmental cleanup of the 411 West Maple property." Likewise, the trial court awarded Wife "the right to pursue and recover on any claims against [Husband] as she may have concerning his possession or disposition of her 2 ½ caret [diamond] ring or a certain Martin D28 guitar in which a ½ interest is awarded to her as her separate property." Finally, the trial court ordered that Wife's name be changed from "Reynolds" to "Pemberton."

On November 9, 2001, Wife filed a notice of appeal. On December 20, 2001, Husband filed a motion for order nunc pro tunc, asking the trial court to...

To continue reading

Request your trial
25 cases
  • Strunk v. Chromy-Strunk
    • United States
    • Nebraska Supreme Court
    • January 20, 2006
    ...v. Schwantes, 121 Wis.2d 607, 360 N.W.2d 69 (Ct.App.1984). But see, Hero v. Hero, 714 So.2d 868 (La.App.1998); Reynolds v. Reynolds, 109 S.W.3d 258 (Mo.App.2003). In iterating the conditional judgments rule in Lemburg v. Adams County, 225 Neb. 289, 292, 404 N.W.2d 429, 431 (1987), we stated......
  • Gershman v. Gershman
    • United States
    • Connecticut Supreme Court
    • April 8, 2008
    ...not actually dissipated but "have merely been changed into another form." 2 B. Turner, supra, p. at 591; but see Reynolds v. Reynolds, 109 S.W.3d 258, 276-77 (Mo. App.2003) (dissipation found where wife sold marital property at garage sales and other informal settings, obtaining unreasonabl......
  • Woznicki v. Musick
    • United States
    • Colorado Court of Appeals
    • June 17, 2004
    ...693 P.2d 1080 (Idaho Ct.App.1984); Smiley v. Atkinson, supra; Spaeth v. City of Plymouth, 344 N.W.2d 815 (Minn.1984); Reynolds v. Reynolds, 109 S.W.3d 258 (Mo.Ct.App.2003); Holste v. Burlington N. R.R., supra; Knox v. Dick, 99 Nev. 514, 665 P.2d 267 (1983); State v. Edmisten, 291 N.C. 361, ......
  • Nicholson v. Surrey Vacation Resorts, Inc.
    • United States
    • Missouri Court of Appeals
    • February 4, 2015
    ...court jurisdiction to exercise any judicial function in the case and vests the jurisdiction in the appellate court. Reynolds v. Reynolds, 109 S.W.3d 258, 270 (Mo.App.2003). Although an interlocutory appeal may not stay every trial level proceeding, it stays the issue or issues involved in t......
  • Request a trial to view additional results
2 books & journal articles
  • § 13.02 Division of Property at Divorce
    • United States
    • Full Court Press Divorce, Separation and the Distribution of Property Title CHAPTER 13 The Divorce Action
    • Invalid date
    ...Ark. App. 42, 946 S.W.2d 188 (1997). Mississippi: A. & L. Inc. v. Grantham, 747 So.2d 832 (Miss. 1999). Missouri: Reynolds v. Reynolds, 109 S.W.3d 258 (Mo. App. 2003) (selling property at garage sales for unreasonably low prices); Brady v. Brady, 39 S.W.3d 557 (Mo. App. 2001). [234] See For......
  • Section 20.39 Cross-Petition
    • United States
    • The Missouri Bar Family Law (2014 Supp) Chapter 20 Trial Practice
    • Invalid date
    ...up to the date of the hearing is marital property. See also Tate v. Tate, 920 S.W.2d 98 (Mo. App. E.D. 1996); Reynolds v. Reynolds, 109 S.W.3d 258 (Mo. App. W.D....

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT