 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
[T] McHargue v. McHargue2/17/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
By this appeal, Defendant Jeffrey McHargue presents the following issues regarding the trial court's equitable distribution order: (1) Did the trial court erroneously fail to classify plaintiff's stock; (2) were Findings of Fact 8, 7 and 18 supported by competent evidence; and (3) Did the trial court abuse its discretion by concluding Plaintiff was entitled to an unequal distribution of the marital property. We affirm in part and remand for further consideration in part.
The pertinent facts indicate Jeffrey and Marlene McHarguemarried in 1981, separated in September 1998 and divorced in October 1999. On 18 November 1991, Jeffrey McHargue was injured in a motorcycle accident which rendered him unable to work for several months. After the accident, Marlene McHargue, who had not previously worked, assumed her husband's duties related to his paper route and eventually obtained employment with Zimmer Patient Care.
Before the parties separated, Marlene McHargue received 400 shares of stock options from Zimmer Patient Care which she liquidated shortly after separation for a gross amount of $23,726.64 and a net amount of $13,844.49. After the parties separated, Marlene McHargue received a second grant of 200 stock options in October 1998 which she could not liquidate for three years. During her employment, she also accumulated a small retirement account. On 1 June 2000, Marlene McHargue stopped working for Zimmer Patient Care and was placed on complete disability due to severe fibromyalgia and a 10-pound lifting restriction. At the time of the equitable distribution hearing, she had not resumed working due to her medical condition.
In 1995, Jeffrey McHargue settled his lawsuit arising from the 1991 accident for $200,749.66, of which he received $75,726.96. With these proceeds, he paid $23,000 in marital debts and purchased a Lincoln log home for $27,032, taxes and shipping included. Due to the injuries arising from the accident, he did not work from 19 November 1991 to 22 June 1992; however, at the time of the hearing, he had not missed any days of work in the preceding 30 months. In the equitable distribution order, the trial court awarded Marlene McHargue the proceeds of the liquidated stock and determined she would be the sole owner of the property on which the log cabin was located. The trial court also determined Marlene McHargue was entitled to an unequal division of the marital property. Jeffrey McHargue appeals.
On appeal, Jeffrey McHargue first argues that the trial court erroneously failed to classify the stock as either marital, divisible, separate or mixed property. We disagree.
In making an equitable distribution determination, a trial court must first identify and classify all property as marital, divisible, separate, or mixed property. Conway v. Conway, 131 N.C. App. 609, 613, 508 S.E.2d 812, 816 (1998) (in distributing marital assets, the trial court is required by N.C. Gen. Stat. § 50-20 to classify property as marital, separate, or mixed), disc. review denied, 350 N.C. 593, 537 S.E.2d 210-11 (1999); N.C. Gen. Stat. § 50- 20(a) (2001) (requiring court to determine what property is marital and divisible). This Court will not disturb a trial court's classification if there is competent evidence to support that determination: "On appeal, we review the record to determine whether the trial court's findings of fact are supported by any competent evidence, regardless of the existen
Page 1 2 3 4 North Carolina Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|