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Boykin v. Boykin12/14/2005
NOT DESIGNATED FOR PUBLICATION
Appellee Betty Boykin filed a motion on her behalf and as Guardian of the Person and Estate of Anthony James Boykin, II, requesting an accounting of funds taken from the settlement that her grandson Anthony Jr. had received from the proceeds of a wrongful-death settlement involving his father, Anthony II. A hearing was held regarding this matter, and the trial court found that Appellant Roger Boykin had made unauthorized withdrawals from Anthony Jr.'s settlement funds, and it ordered Roger to pay back $95,814.46. The trial court also found that Roger Boykin's trucking business was a partnership between him and his late son Anthony II (Anthony Jr.'s father), and it awarded Anthony Jr. one-half of the trucking business as an inheritance. Roger now appeals the trial court's decision, arguing that the finding that Roger should pay back the money and the finding that the trucking business was a partnership were clearly erroneous. We affirm.
Roger Boykin and Betty Boykin were divorced in 1976, but they continued to live together and represented themselves as husband and wife until Roger moved out on October 1, 2000. Roger operated a trucking business by the name of A.R.K. Trucking that was located next door to his and Betty's home. In 1997, during the time Roger and Betty were living together after their divorce , they suffered the loss of their son Anthony II. They received a settlement from a wrongful death action in 1998 and relinquished any claim to the proceeds to their minor grandson, Anthony Jr. The total of their portion plus Anthony's portion of the settlement totaled $365,131, and the Boykins placed this money into a savings account at First Service Bank in Dermott.
This case originated when Roger filed a suit to recover his interest in all personal property and real estate held by the parties. The trial court ordered both parties to refrain from transferring, disposing of, cashing in, or any way encumbering or pledging any property or assets that were subject to its jurisdiction. The order also stated that neither party should sell or transfer property in or under the control of either party during the pendency of the action. Betty filed a motion on her behalf and as Guardian of the Person and Estate of Anthony James Boykin, II, requesting an accounting of funds taken from the settlement that Anthony Jr. had received from the proceeds of the wrongful-death settlement.
Roger explained at a hearing on March 26, 2004, that he had used approximately $45,000 of the settlement funds that he had put into a CD as collateral for a loan from First Service Bank on which he defaulted.
This CD was forfeited to pay off the loan. Roger also explained that, before he and Betty separated, he also made seven withdrawals totaling $42,793.38 from the settlement proceeds on deposit and that this money was used for the benefit of him, Betty, and Anthony Jr. Roger testified that he could not remember how some of the withdrawals were spent. Both Betty and Anthony Jr. testified that they did not receive any benefit from the withdrawals and loan proceeds.
Anthony Jr. testified that Roger told him that since his father and uncle had passed away, he (Roger) would run the trucking business until Anthony Jr. and his cousin were old enough to run it. He also testified that Roger stated that the trucking business now belonged to him (Anthony Jr.). According to Anthony Jr., there are not as many trucks and trailers at the business presently as there were at the time his father passed away.
Roger testified that he might have told Anthony Jr. that the trucking business would be left to him one day but he never told Anthony
Page 1 2 3 Arkansas Personal Injury Attorneys
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