Longo v. Longo4/29/2005
{ } Appellant, Joy E. Longo, and appellee, Charles V. Longo, were married on December 30, 1988. The couple has two children: Alexandra, whose date of birth is March 15, 1994 and Lauren, whose date of birth is June 21, 2000. Both parties are attorneys with active licenses to practice law. Appellee owns and manages a lucrative solo legal practice, Charles V. Longo, Co., LPA, which specializes in personal injury cases. During the majority of the marriage, appellee was the sole source of marital income.
{ } Testimony indicated appellee's income between the years 1996 and 2001 ranged from $438,570 up to $1,511,201. The parties lived in a home valued at $625,000, they owned a condominium in Naples, Florida valued at $750,000, and, subsequent to the filing of the divorce action, appellee purchased a condominium in Aurora, Ohio for $260,000. Testimony indicated that the parties spent approximately $70,000 professionally decorating the Florida condo and the marital home.
{ } During the marriage the couple enjoyed an above average lifestyle:
{ } Appellee had a penchant for purchasing expensive automobiles; further, evidence indicated the couple had between four and six cars at their disposal at any given time and never kept a car longer than eight months. The couple owned several boats during the marriage, belonged to a private yacht club, and dined regularly at lavish restaurants. Appellee had memberships at three country clubs, two athletic clubs, and held season tickets to Cleveland Browns as well as Cleveland Indians games. Appellant had $32,000 worth of jewelry and both parties had Rolex watches. The parties vacationed in Mexico, St. Thomas, Las Vegas, Toronto, Chicago , and frequently traveled to Florida. When flying, appellant testified the family used a limousine to travel to and from the airport.
{ } In September of 2001, prior to filing for divorce, appellee suffered from a heart attack. To maintain his health, appellee's physician indicated appellee should avoid stress. Testimony indicated that, due to his health and his doctor's recommendations, appellee would likely reduce his work load in the future.
{ } On September 18, 2001, appellant, filed for divorce in Cuyahoga County. On the same date, appellee, Charles V. Longo, filed for divorce in Geauga County. Appellee, with a court appointed process server, subsequently gained access to the marital home, which he had previously vacated, and served appellant in her presence. The Geauga County trial court determined service was adequate and the case moved forward in the Geauga County Court of Common Pleas.
{ } At or about the time the divorce was filed, appellant withdrew $130,000 from a home equity line of credit on the marital home. Appellant also withdrew funds from two additional joint accounts totaling $10,500 and removed $5,000-$6,000 in ATM withdrawals. Although appellant claimed the money was used on attorney fees and household necessities, she also testified to spending "too much" on incidental sundries such as clothes.
{ } The case was tried before a magistrate on October 10, 11, and 18, 2002 and January 14, 15, 20, 22, and 23, 2003. The parties were granted until February 23, 2003 to file proposed findings of fact and conclusions of law. On February 21, 2003, appellant filed a motion to reopen the case which was denied. The magistrate's decision was rendered on July 8, 2003. Objections were filed by both parties and the trial court entered its final judgment on December 23, 2003. Appellant now appeals with appellee cross-appealing. Any additional pertinent facts (procedural or otherwise) will be set forth as necessary herein.
{ } Appellant app
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