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Robinson v. Lindsey

Court of Appeals of Arkansas, Division I

March 4, 2015

MARIANNE ROBINSON APPELLANT
v.
CHARLES LINDSEY APPELLEE

APPEAL FROM THE CLEBURNE COUNTY CIRCUIT COURT [NO. DR-11-305] HONORABLE ADAM HARKEY, JUDGE

Schmidt Law Firm, PLC, by: Paul A. Schmidt, for appellant.

No response.

DAVID M. GLOVER, Judge.

This is a one-brief challenge to the trial court's division of property in the divorce action between appellant, Marianne Robinson, and appellee, Charles Lindsey. Marianne sought an unequal distribution of assets in the divorce, but the trial court rejected her attempt to justify an unequal distribution and divided the property at issue equally between the two parties. Our court dismissed an earlier appeal, finding that the decree was not final and appealable.[1] In an amended decree entered on July 30, 2014, the trial court included a Rule 54(b) certificate, and this appeal followed. For her sole point on appeal, Marianne contends that the trial court's property division was not equitable and should be reversed. We affirm.

Background

The parties were married on March 11, 2002, and separated on or about October 13, 2011. There were no children born of the marriage. Pertinent findings from the June 30, 2014 amended divorce decree can be summarized as follows:

All accounts held in both parties' names at any time during the course of the marriage constituted marital property;
All accounts held in one party's individual name during the course of the marriage would be the separate property of the account holder;
Assets inherited by Marianne during the course of the marriage that had become joint property would be considered marital property;
The "Antioch House" and surrounding buildings were ruled marital property and ordered to be sold together or separately. Following the sale, Charles was to reimburse Marianne from his share of the proceeds for any mortgage payments or taxes that she made on the property and for which Charles did not pay half;
The "Lake House" was ruled marital property and ordered to be sold, with the proceeds divided equally between the parties;
The Branson Timeshare was ruled marital property and ordered to be sold or otherwise partitioned.

The trial court also disposed of designated personal property, setting out which property was to be sold, with the proceeds divided, and which property was the parties' individual ...


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