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In re Marriage of Raymond J. Tullier3/17/1999
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
Appeal From: Circuit Court of Stone County, Hon. William T. Kirsch
Opinion Vote: AFFIRMED. Prewitt, P.J., and Parrish, J., concur.
Opinion:
Raymond J. Tullier appeals from a judgment dissolving his marriage to Elizabeth A. Tullier. His two points relied on attack only the trial court's division of property; consequently, this opinion sets forth only the evidence pertinent to those complaints.
Raymond married Elizabeth September 6, 1975.
Raymond's uncontradicted testimony revealed he received a "personal injury award . . . toward the end of June of 1990." Asked the amount, Raymond replied: "It was two hundred and fifty-two thousand, five hundred and some-odd dollars." This opinion henceforth refers to that sum as "the 1990 recovery."
The dissolution trial occurred February 18, 1998, some seven years and eight months after the 1990 recovery.
At trial, Raymond identified Exhibit R-1 as a statement of his "Merrill Lynch account." Exhibit R-1 covers the period from "11/29/97 to 12/31/97." It is denominated "Priority Client Cash Management Account" and displays the names "MR RAYMOND J TULLIER AND MRS ELIZABETH J TULLIER JTWROS." One area on the exhibit is designated "Monthly Portfolio Summary." It shows assets classified as corporate bonds, equities, and mutual funds. The aggregate market value of those assets is shown as $289,855 plus estimated accrued interest of $688. Exhibit R-1 also shows a "Debit Balance" of $109,665, leaving a "Net Portfolio Value" of $180,878.
Raymond avowed that all of the assets in the Merrill Lynch account came from the 1990 recovery. Explaining the $109,665 "Debit Balance" on Exhibit R-1, Raymond recounted that Elizabeth withdrew $100,000 from the account as a "margin loan" and used some of the money to buy a house in Berryville, Arkansas. According to Raymond, the house was to be "titled to us." However, said Raymond, the name placed on the deed was that of Elizabeth's mother: Elizabeth G. Dunn ("Mrs. Dunn").
Mrs. Dunn, called as a witness by Raymond, confirmed the house was in her name; she and her husband occupy it. As this court comprehends Mrs. Dunn's testimony, the house was bought in May or June of 1997. Mrs. Dunn's testimony continued:
"Q. . . . Did [Elizabeth] tell you where the money came from to buy that house?"
"A. Yes."
"Q. Where did that money come from?"
"A. Her share of the--getting a divorce. . . . I was told by her . . . that it was in my name but she had made arrangements after the divorce for it to be turned over to her."
Mrs. Dunn revealed that at one time, Elizabeth and her "boyfriend" resided in the house together with Mrs. Dunn and her husband. Mrs. Dunn also disclosed that a lawsuit is pending against her by Elizabeth in Arkansas wherein Elizabeth has "asked that the house be transferred back to her."
Raymond, age 46 at time of trial, testified that the incident which resulted in the 1990 recovery occurred when he was 39. He was working as an automobile mechanic when a grinding wheel exploded and hit him in the face. He lost his left eye and suffered facial injuries. His residual health problems from those injuries include blackouts, nausea and memory loss.
On cross-examination, Raymond recalled that when he "settled" the claim for those injuries, he received a check. He did not remember whether Elizabeth had to "sign" the check, nor did he recall whether any of the amount was for "loss of consortium." He did, however, recolle
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