FROM THE SEBASTIAN COUNTY CIRCUIT COURT, FORT SMITH DISTRICT
[NO. DR-2012-1040 (II)] HONORABLE ANNIE POWELL HENDRICKS,
Gean & Gean, by: Roy Gean III, for appellant.
L. Hickey, for appellee.
RAYMOND R. ABRAMSON, Judge
Goodwin appeals a Sebastian County Circuit Court order
holding him in civil contempt and directing him to pay $45,
007.96 to his former wife, Stephanie Goodwin. On appeal, Ryan
argues that (1) the circuit court erred in ordering him to
pay Stephanie $45, 007.96 because the court had no authority
under Arkansas Rule of Civil Procedure 60(c) to modify the
division of property from the divorce decree more than ninety
days after its entry and (2) the circuit court's finding
that he failed to distribute to Stephanie her equal share of
the parties' gold-coin collection was against the
preponderance of the evidence. We affirm.
and Stephanie married on December 18, 2004. During their
marriage, they acquired a gold-coin collection. The parties
separated on September 12, 2012, and on November 20, 2012,
Stephanie filed a complaint for divorce.
November 21, 2013, the parties held depositions. Ryan
testified that, "To my knowledge, there are currently 30
coins, " and he agreed that they should be divided
equally between him and Stephanie. On April 29, 2014, on
agreement of the parties, the circuit court entered a divorce
decree, which provided, in part, that the parties "shall
. . . divide the gold coins equally."
14, 2015, Stephanie filed motions to modify the decree and
for contempt. She alleged that following the entry of the
divorce decree, she discovered that Ryan had transferred or
sold several coins, which resulted in an unequal division of
the coins. She asked the court to order Ryan to transfer 69
gold coins to her.
October 19, 2015, the court held a hearing on Stephanie's
motions. Stephanie testified that during their marriage, she
and Ryan acquired 162 gold coins. Specifically, she testified
that they bought 50 Saint Gauden coins, 100 Liberty coins,
one Trade Dollar coin, and a set of 11 coins for their
children. She stated that during their marriage, they sold
between 12 and 16 of the 162 coins; thus, she believed they
had between 135 and 139 coins remaining at the time they
separated and at the time she filed her divorce complaint.
Stephanie explained that when they separated, Ryan changed
the combination to the safe where they kept the coins and
gave her only 28 or 29 coins.
her testimony, Stephanie introduced into evidence four
exhibits documenting the purchase and sale of the coins.
Exhibit one is an invoice from Swiss America Trading Corp.
("Swiss America") dated March 28, 2007, which shows
that Stephanie and Ryan bought 161 coins totaling $194, 745.
Exhibit two is a spreadsheet report that Stephanie created
that shows the number of coins that she and Ryan bought and
sold during the marriage. The report indicates that between
December 27, 2011, and August 15, 2012, she and Ryan sold
between 12 and 16 of the 162 coins. The report shows that
Stephanie and Ryan sold the coins for $21, 286, but it does
not show the number of coins actually sold. Exhibit three is
a December 19, 2011 receipt from Swiss America that shows
that they sold six Liberty coins. Exhibit four is a portfolio
from Swiss America that shows that on July 18, 2007,
Stephanie and Ryan purchased a Trade Dollar coin.
testified that he did not know how many coins he and
Stephanie owned at the time they separated but guessed around
70 coins. He explained that during the marriage, he sold
around 70 coins at gun shows and coin shows without
Stephanie's knowledge. However, he offered no evidence of
proceeds from those sales. He stated that when Stephanie
filed for a divorce, he moved the remaining coins from their
safe and safe-deposit box to his family's and
friends' houses. Ryan denied withholding any coins. He
stated that he gave Stephanie half of the coins they owned at
the time of their separation and that Stephanie never
complained to him about the number she received until she
filed the current motions.
Ryan's testimony, Stephanie's attorney recalled
Stephanie. She testified that on December 19, 2014, she
informed Ryan that she believed he had withheld coins and
then repeatedly requested him to distribute her share. She
had no knowledge that Ryan had sold additional coins outside
of Swiss America and pointed out that they should have had
substantial cash deposits after the sales, which they did
the hearing, on November 6, 2015, the court entered an order
holding Ryan in civil contempt and directing him to pay
Stephanie $45, 007.96. The court found that the parties
possessed 129 coins at the time of their separation, not
including the children's coins, and that Ryan failed to
distribute half of the coins to Stephanie as provided in
their divorce decree. The court found that Stephanie had
received only 29 coins and that the $45, 007.96 represented
the value of the 35.5 remaining coins. The court found Stephanie's
"testimony . . . more credible than Ryan Goodwin's
testimony based on his demeanor, varying accounts as to the
number and whereabouts of the gold coins . . . and
contradictions with his November 2013 deposition." The