Benson v. Benson

624 A.2d 644, 425 Pa. Super. 215, 1993 Pa. Super. LEXIS 1509
CourtSuperior Court of Pennsylvania
DecidedMay 7, 1993
Docket00216
StatusPublished
Cited by20 cases

This text of 624 A.2d 644 (Benson v. Benson) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benson v. Benson, 624 A.2d 644, 425 Pa. Super. 215, 1993 Pa. Super. LEXIS 1509 (Pa. Ct. App. 1993).

Opinions

OLSZEWSKI, Judge:

This is an appeal from a judgment entered on March 3, 1992. The Honorable Robert E. Dalton denied appellant Dean Benson’s [“Dean’s”] exceptions to a master’s recommendation regarding the equitable distribution of the parties’ marital property. We affirm.

The subject of this appeal is whether the trial judge abused his discretion in valuing Dean’s business at the date of the [217]*217parties’ separation, rather than a date closest to distribution. This issue, however, was decided in Dean’s favor by another panel of this Court in an unpublished memorandum. Benson v. Benson, 405 Pa.Super. 621, 581 A.2d 967 (1990) [Benson I ]. The Benson I panel ordered the trial judge to value the business at the date of equitable distribution. After the remand, however, the trial court reinstated its original order, relying on the recent case of McNaughton v. McNaughton, 412 Pa.Super. 409, 603 A.2d 646 (1992). Thus, the dispositive issue in this case is whether the trial judge abused his discretion when he reinstated his original order in apparent defiance of Benson I. Proper resolution of this matter necessarily involves a detailed account of the procedural and factual history relevant to this issue.

Dean and Joanne were married for 27 years before they separated in 1984. Joanne commenced an action for divorce on June 18,1984, which was entered by consent on October 12, 1987. The economic issues were scheduled to be resolved in September, 1989. Dean’s business, M & D Truck Lines [“M & D”], was among the marital property. M & D is a sole proprietorship over which Dean maintains full control. After a hearing, the master recommended that the parties receive a fifty-fifty share of the marital assets and valued the business at $121,000.00, its value as of December 31, 1984, the date closest to the parties’ separation. The trial judge adopted the master’s recommendation and denied Dean’s contention that the the business should be valued at $101,309.02 representing M & D’s value as of December 31, 1987, the date closest to distribution. The Superior Court entertained Dean’s and Joanne’s cross appeals in Benson I.

The Benson I panel rejected Joanne’s contention that the business should be valued at the date of separation because of Dean’s exclusive control over and ability to dissipate M & D’s assets. The panel held that the Divorce Code contemplates valuation of marital assets, in the usual case, as of the date of distribution. See Sutliff v. Sutliff, 518 Pa. 378, 543 A.2d 534 (1988); Tocco v. Tocco, 389 Pa.Super. 310, 567 A.2d 303 (1989). Thus, the panel reasoned:

[218]*218In the matter sub judice, the lower court and the master failed to enumerate, nor can we find in the record, any reasons why the December 1984 valuation serves to provide for greater economic justice between the parties. Further, the record is devoid of any evidence that there may have been a situation between the parties “while [sic] marital assets have been consumed or disposed of by one of the parties, thus rendering current valuation impossible and making it necessary to rely on data that would otherwise be considered stale.” Sutliff v. Suttiff, 518 Pa. at 38, 543 A.2d at 536. Thus, we find the December 31, 1987 value to be more appropriate in this particular case.

Benson I, 581 A.2d 967 (Table).

Benson I was filed on August 8,1990, remanding the case to the trial court for proceedings consistent with its holding. On August 10, 1990, the trial court remanded the matter to the master for redistribution and ordered the parties to submit a valuation of M & D as of August 10, 1990. Neither party complied with the order and on August 19,1991, the trial court entered an order adopting the master’s recommendation that the court reinstate its original order, again valuing the business as of the date of separation. The master reasoned that since Dean was the sole proprietor of M & D Truck Lines and had the ability to directly control the business’s assets, the date of separation better worked economic justice between the parties. Dean filed exceptions to the new order, claiming that the trial court was obliged to follow the Superior Court’s order in Benson I and value the business as of 1987. His exceptions were denied on March 3, 1992.

In its opinion supporting its denial of Dean’s exceptions, the trial court cites McNaughton, swpra, for the proposition that the trial judge has discretion to choose valuation dates of marital assets in such a way that will work justice between the parties. McNaughton held that it was not an abuse of discretion for a trial judge to value, as of the date of separation, a closely held business which is largely under the control of one spouse to the exclusion of the other. A family business warrants a deviation from the general rule that [219]*219assets should be valued as of the date of distribution because of the great influence that the controlling spouse may have upon the business’s assets. McNaughton at 413, 603 A.2d at 649. We hold that while a trial court may not generally be excused from complying with an order from the appellate court, the trial judge’s effort to comply with the order and the equitable nature of the Divorce Code warrant application of McNaughton in this case. The trial judge did not abuse his discretion in valuing M & D as’ of the date the parties separated. We therefore affirm the trial court’s order.

We recognize that generally a trial court may not fail to follow an order from the appellate court. In Haefele v. Davis, 380 Pa. 94, 110 A.2d 233 (1955), appellant argued that the trial court erred when it refused to hear “additional evidence” that supported his contention that the lower court lacked subject matter jurisdiction. In an earlier appeal in the same case, the Supreme Court held that appellant did not meet his burden in establishing that the lower court lacked jurisdiction. On subsequent appeal to the Supreme Court, appellant argued that since subject matter jurisdiction cannot be waived, the lower court erred in refusing to permit him to introduce the “additional evidence” after the first remand. The Supreme Court stated:

Here the question of jurisdiction was raised in this Court and determined. A lower court is without power to modify, alter, amend, set aside, or in any manner disturb or depart from the judgment of the reviewing court as to any matter decided on appeal. Under any other rule, litigation would never cease and finality and respect for orderly processes of law would be overcome by chaos and contempt. One trial of an issue is enough.

Id. at 95, 110 A.2d at 235 (citations omitted); see also, Blymiller v. Baccanti, 236 Pa.Super. 211, 344 A.2d 680 (1975); Pa.R.A.P. Rule 2591(a).

In this case, the Benson I panel considered the arguments made by both parties and determined that the trial judge abused his discretion by valuing the business on the date of separation. However, the Benson I

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Cite This Page — Counsel Stack

Bluebook (online)
624 A.2d 644, 425 Pa. Super. 215, 1993 Pa. Super. LEXIS 1509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benson-v-benson-pasuperct-1993.