Sanford v. Sanford, 9771
| Decision Date | 19 December 1980 |
| Docket Number | No. 9771,9771 |
| Parties | Reed E. SANFORD, Plaintiff and Appellee, v. Glenda L. SANFORD, Defendant and Appellant. Civ. |
| Court | North Dakota Supreme Court |
Randolph E. Stefanson, Stefanson, Landberg & Alm, Ltd., Moorhead, Minn., for defendant and appellant.
Donald R. Hansen, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, for plaintiff and appellee.
Glenda Sanford ("Glenda") appeals from an amended judgment of the Cass County District Court which was entered on January 25, 1980. Reed Sanford ("Reed") commenced this action for divorce on December 30, 1977. Glenda also sought a divorce and the trial commenced on April 24, 1979. The district court issued a judgment on July 5, 1979, in which the district court granted each party a divorce on the ground of irreconcilable differences, made a division of property, and awarded alimony and child support. On July 19, 1979, Glenda made a motion requesting that the district court amend its findings of fact, conclusions of law, order for judgment, and judgment, and on January 25, 1980, the district court issued an amended judgment of divorce. Judgment modified and, as modified, affirmed.
This case was previously appealed to this court. In Sanford v. Sanford, 295 N.W.2d 139 (N.D.1980), we held that Glenda's acceptance of payments under the divorce decree did not act as a waiver of her right to appeal from the judgment of divorce. Glenda and Reed were married on June 17, 1955, near Princeton, Minnesota. Reed attended dental school at the University of Minnesota after the parties were married. During this time, Glenda changed her college major from education to dental assistant in order to support the parties during the college years and to assist Reed upon his graduation from dental school. Glenda was employed by the University of Minnesota Health Service. Upon Reed's completion of dental school in the fall of 1958, Reed and Glenda moved to Crookston, Minnesota where Reed began an orthodontia practice. Reed also worked in an orthodontia practice in Fargo, North Dakota; and in 1960 he purchased the Fargo practice and Glenda and he moved to Fargo. Glenda performed the bookkeeping services for the orthodontia practice in Fargo and also assisted in the management of the office. In addition, Glenda was active in local and state dental organizations in order to promote Reed's orthodontia practice. Three children were born of the marriage.
Since the time that the parties were married, they have acquired much real and personal property. This appeal by Glenda focuses upon the valuation of the property acquired during the marriage as well as the division of property made by the district court. The property owned by the parties as well as the value ascribed to the property by the district court is as follows:
1. Residence at 2433 East Country Club Drive, Fargo $175,000.00
2. Lake cottage on 8th Crow Wing Lake near Nevis, Minnesota 59,000.00
3. Office building at 1017 Broadway, Fargo 73,000.00
4. One-half interest in Nash-Finch warehouse, 3101 12th Avenue
North, Fargo (H & S Inv.) 0.00
5. Duplex, 1001-1003 Broadway, Fargo 41,000.00
6. J.C. Penney Building, Montevideo, Minnesota 85,000.00
7. 95-acre farm near Princeton, Minnesota 33,800.00
8. Marketable securities: 246,732.00
9. Capital stock interest in Reed E. Sanford, D.D.S., Ltd. 97,560.00
10. Investments in partnerships 70,510.00
11. Notes receivable 7,000.00
12. Family home furnishings 15,000.00
13. Bank and savings accounts 19,200.00
14. Accounts receivable--dental practice 317,000.00
15. Reed E. Sanford, Ltd., pension and profit sharing plan 280,558.00
16. Debenture note 8,522.00
17. Cash 4,254.00
18. Motor vehicles 14,000.00
The district court made the following distribution of the property in the amended judgment:
1. Glenda was awarded the family residence located at 2433 East Country Club Drive, Fargo
2. Glenda was awarded the family home furnishings
3. Glenda was awarded a Buick Electra automobile
4. Glenda was granted two cash awards, one for $75,000.00 payable on or before July 1, 1979; and another for $25,000.00 payable on July 1, 1982.
5. Glenda was awarded as a property settlement the sum of $200,000.00 payable in the amount of $1,700.00 per month commencing on June 15, 1979, and payable monthly until July 15, 1989.
6. Glenda was awarded the cash value of two life insurance policies and received her share in pension and profit sharing plans.
7. Glenda was given the option to purchase farm property located near Princeton, Minnesota, at any time up to January 1, 1990, for the sum of $30,000.00.
8. Glenda was granted the custody of two of the three children born of the marriage. Reed was ordered to pay $400.00 per child per month to Glenda as support for the children.
9. Reed was required to provide all medical and dental care for the children as well as maintain all life insurance policies on his life with the children as equal co-beneficiaries until they reach majority. Reed was also required to provide for the post-secondary education of the children; however, Reed was allowed to claim the three children as dependents for income tax purposes.
10. Reed received his stock ownership in Reed E. Sanford, D.D.S., Ltd.
11. Reed received his share of the pension and profit sharing plans.
12. Reed received his interest in the partnership, H & S Investment Co., which has as its primary asset a commercial warehouse. Reed also received other assets by provision of the court. These assets totaled $212,832.00. The district court directed each party to pay their attorney fees, expert fees, and costs incurred in the action.
13. The district court determined that the net worth of the parties was $1,108,700.00. Glenda's share of the net worth which she received in the district court's distribution of assets was $517,750.00. Reed received $590,950.00 in the district court's distribution of assets.
The parties stipulated to the value of certain assets. These assets are as follows:
1. Marketable securities $246,732.00
2. Note receivable 7,000.00
3. Debenture note 8,522.00
4. Cash 4,254.00
5. Oil partnership 70,510.00
6. Real estate investments 291,800.00
The district court determined the value of certain other assets. The value attributed to these assets is disputed by the parties. These assets and their value as determined by the district court are as follows:
1. Capital stock, Reed E. Sanford, D.D.S., Ltd. $ 97,560.00
2. H & S Investment Co. 0.00
3. Family residence 175,000.00
4. Family home furnishings 15,000.00
5. Pension and profit sharing plan 280,558.00
6. Motor vehicles 14,000.00
The issues which Glenda raises for our consideration are as follows:
1. Whether or not the district court's valuation of Reed's interest in H & S Investment Co., and the capital stock of Reed E. Sanford, D.D.S., Ltd., was clearly erroneous.
2. Whether or not the district court's determination of an equitable distribution of the marital estate and the award of alimony and child support was clearly erroneous.
3. Whether or not the district court committed error when it failed to award Glenda attorney fees and expert witness fees during the maintenance of the action.
Reed owns a fifty percent interest in H & S Investment Co., which is a partnership in which Reed is a member and the main asset of the partnership is a commercial warehouse located in Fargo and known as the Nash-Finch Building. At trial, both Reed and Glenda presented experts who testified as to the value of the warehouse. Glenda's expert testified that Reed's interest in the warehouse should have had a minimum value of $325,000.00. This sum was arrived at by reviewing the partnership agreement for H & S Investment Co. This agreement dated February 6, 1969, between Reed and Philip L. Hagen contained the following provision:
"Provided, however, that notwithstanding the foregoing and under no circumstances shall the value of the so-called Nash-Finch Building, which is an asset of the partnership, be valued at less than the sum of $650,000.00 which was the purchase price of the building, plus a sum equal to the cost of any improvements or additions made to the building and paid by the parties to this agreement for a period up to two years from the date hereof."
Glenda's expert arrived at the $325,000.00 minimum valuation of the building by dividing the $650,000.00 value of the building as ascribed in the partnership agreement by Reed's fifty percent partnership interest. Glenda's expert asserted that the assessed value which the City of Fargo placed upon the warehouse should have been the true value of the building. Glenda's expert applied a segregated cost method which examined each component part of the warehouse building, according to the principles of the Marshall-Swift Valuation Service. By applying these principles, Glenda's expert arrived at the value of the warehouse which attributed $86,000.00 to the land, $1,683,023.00 to the warehouse, and $1,769,023.00 as the total. Reed presented the testimony of two expert appraisers who ascribed a negative $25,000.00 and negative $60,000.00 value to the building. The disparity...
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