APPEAL
FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17DR-15-497]
HONORABLE MICHAEL MEDLOCK, JUDGE.
Gean,
Gean & Gean, by: Roy Gean III, for appellant.
Kevin
L. Hickey, for appellee.
ROBERT
J. GLADWIN, Judge.
Holly
Ballegeer appeals the Crawford County Circuit Court's
decree of divorce, which divides the marital business and
personal property between appellee Craig Ballegeer and her.
Holly argues that the circuit court's decree is clearly
erroneous because (1) the division of the marital business
requires her to compete with Craig in a bidding process; (2)
Craig is not required to compensate her for one-half of the
sale proceeds of marital property that he sold during the
pendency of the litigation; (3) the corporate account is not
divided equally between the parties; (4) she was denied
attorney's fees or fees for her expert witness; and (5)
the Can Am is awarded to Craig rather than ordered sold with
the proceeds divided between the parties. We reverse and
remand in part and affirm in part.
I.
Facts and Procedural History
The
parties were married on July 2, 1983, and began a business in
1997 called Groundskeeper, Inc., which acts as the contractor
for landscaping and maintenance for several fast-food
corporations. Groundskeeper collects the revenue from the
corporations and pays the subcontractors for their labor. For
a time during their marriage, Craig ran the business, and
Holly was the bookkeeper. However, by the time of their
separation in 2016, Holly worked at a retail store earning $8
an hour and continues to do so. In September 2015, Craig
filed for separate maintenance, and Holly counterclaimed for
divorce. Craig dismissed his separate-maintenance complaint
but filed an amended complaint for divorce on September 26,
2016.
After a
final hearing on June 12, 2017, the circuit court filed a
letter ruling dated August 29, 2017, awarding Holly a divorce
on her counterclaim and ordering that the marital home be
sold. Each party was awarded his and her personal automobile
with any attached debt, and other property was ordered to be
sold with the proceeds equally divided. Each was awarded the
furniture and personal items in his and her possession, and
any personal property not divided by agreement or otherwise
in the letter order was to be sold and the proceeds divided
equally. The court stated, "Any remaining items under
paragraph 'C' of [Holly's] Exhibit 1 shall be
sold." Craig was ordered to pay Holly $2200 a month in
alimony for five years. The court further ordered that
Groundskeeper was valued at $183, 000 "for one-half
interest" and that the parties would divide the business
as follows:
[Craig] shall have the first right to buy [Holly's]
interest in the business at the price of $183, 000.00. If
refused, [Holly] shall have the next right to buy the
business at that price. The value shall then decrease in $5,
000.00 increments until one party exercises the right to buy
which shall be accompanied by an earnest money check in the
amount of 10% of the purchase amount which shall be deposited
in the trust account of the attorney of the party who is the
seller. The full price shall be paid within thirty (30) days
and deposited again in the attorney's trust account for
the party representing the seller. These funds after closing
and full payment shall be paid to the party who is the
seller. The tax debt shall be assumed by the party purchasing
the business, and shall be that party's responsibility.
The
divorce decree was filed October 5, 2017, and the division of
the marital business followed the court's letter ruling.
The division of property was more specifically set forth as
follows:
[Craig] is hereby awarded all right, title, and interest in
his clothing, personal effects, and jewelry. [Holly] is
hereby awarded all right, title, and interest in her
clothing, personal effects, and jewelry. [Holly] is awarded
possession of the parties' dogs.
[Craig] is hereby awarded the Can Am currently in his
possession, and shall be solely responsible for any and all
debt and expenses associated therewith and shall hold [Holly]
harmless from the same. [Holly] is hereby awarded the Z4
currently in her possession, and shall be solely responsible
for any and all debt and expenses associated therewith and
shall hold [Craig] harmless from the same. Neither party
shall be awarded equity in the other party's vehicle. The
2015 GMC Canyon pickup, trailers, Sports Coach diesel
motorhome, boat and BMW k100gt shall all be sold, and any
proceeds shall be equally divided between the parties.
Each party shall be awarded the furniture and personal items
currently in his/her possession. [Craig] shall be awarded all
of the guns and accompanying ammunition except for the 380,
.22, and 45, which shall be awarded to [Holly]. Any and all
personal property not divided by agreement or otherwise
disposed of within this Decree shall be sold, and the parties
shall equally divide any proceeds. The parties' hot tub,
projection screen, and riding lawn mower shall be sold with
the home.
The parties' ATV, Smokers, Foosball table, movies, gas
grill, spreader, outdoor chest as listed in Paragraph
"C" of [Holly's] Exhibit 1 shall be sold. Any
and all items that are to be sold shall be placed for sale in
a commercially reasonable manner, and if not sold privately
within six (6) months of the entry of this Decree such items
shall be sold by the Clerk if ...