Brown v. Habrle

2008 ME 17, 940 A.2d 1091, 2008 Me. LEXIS 18
CourtSupreme Judicial Court of Maine
DecidedJanuary 29, 2008
StatusPublished
Cited by12 cases

This text of 2008 ME 17 (Brown v. Habrle) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Habrle, 2008 ME 17, 940 A.2d 1091, 2008 Me. LEXIS 18 (Me. 2008).

Opinion

CLIFFORD, J.

[¶ 1] Roger L. Habrle appeals from a divorce judgment dissolving his marriage to Brenda R. Brown entered in the District Court (Houlton, O’Mara, J.) following a remand from this Court. He asserts that the court erred in adopting the findings contained in the referee’s report regarding the valuation and division of mari *1093 tal property, in determining the amount of spousal support, and in failing to award attorney fees. We are unpersuaded by Habrle’s contentions and affirm the judgment.

I. BACKGROUND

[¶ 2] The parties were married on May 14, 1988. Prior to the parties’ marriage, Habrle was employed at Champion International in Bucksport, as a manufacturing manager. Brown was the sole shareholder and chief executive officer of Maple Grove Nursing Home, Inc., which owned and operated Madigan Estates, a nursing home; the general managing partner, administrator, and two-percent owner of Military Street Associates; the sole owner and operator of Greenland Cove Campground; owner and operator of the ACAP building, an office building; and the owner and project administrator of Lee Apartments, which was near completion at the time the parties were married. Brown also entered the marriage owning her mother’s residence on Hogan Street in Houlton and her own residence on Madigan Street in Houl-ton, which, at the time, was not subject to any encumbrances.

[¶ 3] Habrle did not own any real estate except for his house, which he sold in 1989 for $88,645.76. He had preexisting financial obligations from his previous marriage, including child support and alimony.

[¶4] Prior to the parties’ marriage, they agreed that Habrle would give up his position at Champion International, move to Houlton, and take a position assisting in the administration of Madigan Estates, the nursing home owned and operated by Brown, at a salary of $38,000 per year. After two years, Habrle was able to get his nursing home administrator’s license, and he became the assistant administrator of Madigan Estates. This assistant administrator position had not existed prior to Habrle’s employment and was not filled after Habrle left.

[¶ 5] Along with Habrle’s salary as an assistant administrator, he was also compensated for his work as caretaker of Lee Apartments, for which he received almost $200,000 over the course of the marriage. In 1996 or 1997, Habrle also began managing Greenland Cove Campground. Brown manages Lee Apartments, the ACAP budding, and Madigan Estates. Habrle did not invest any of his own money in any of the business enterprises, except for one time when he was not reimbursed for store supplies for the campground. Brown, on the other hand, invested her money into the business enterprises. Throughout the marriage, the parties kept their finances separate, but Brown paid for all the living expenses of the couple.

[¶ 6] Habrle was terminated from his employment as assistant administrator of the nursing home in September 2001, and thereafter did not participate in any of the business entities. As of the date of Habrle’s testimony, he was still not employed. He has limited his job search mostly to the local area because he wants to remain in Houlton. He did volunteer at a church doing painting and maintenance for about ten hours per week.

[¶ 7] Brown filed for divorce on September 18, 2001. The parties agreed to submit the case to a referee pursuant to M.R. Civ. P. 53. The referee held a three-day hearing in January of 2005. At the hearing, the parties presented testimony regarding the value of the real estate and property owned by them. Specifically, the referee heard testimony from two experts, Stephanie Rice and Norman Gosline.

[¶ 8] The referee filed his report on September 6, 2005. Habrle made no objection to the referee’s report, and the terms of the referee’s report were incorporated into the divorce judgment. Habrle appealed the District Court’s denial of his *1094 motion to vacate the divorce judgment, contending that his failure to file a timely objection to the referee’s report was attributable to the fact that he was not notified of the referee’s filing of the report with the court. We vacated the judgment and remanded the case to the District Court. Brown v. Habrle, 2006 ME 115, 908 A.2d 640. Habrle filed his objections to the referee’s report following the remand. After a hearing on Habrle’s objections, the . District Court denied all but one of those objections, and again incorporated the referee’s report into the judgment. The only change made by the District Court after remand was to strike the language in the divorce judgment stating that spousal support could not be increased.

[¶ 9] The divorce judgment set aside to Habrle $310,767 in nonmarital property; $610,140 in marital property; awarded transitional support to Habrle in the amount of $100 per week from October 19, 2001, to July 31, 2005; and awarded general support in the amount of $24,000 per year for four years. The judgment set aside to Brown $2,638,380 in nonmarital property and $1,846,644 in marital property. Habrle filed this appeal.

II. DISCUSSION

A. Valuation of Maple Grove Nursing Home, Inc. and Lee Apartments

[¶ 10] Habrle disputes the referee’s valuation of Maple Grove Nursing Home and Lee Apartments. “When a trial court accepts a report of a referee, the findings of the referee become the trial court’s findings, and we review those findings directly.” Raisen v. Raisen, 2006 ME 49, ¶ 6, 896 A.2d 268, 270 (quoting Warren v. Warren, 2005 ME 9, ¶ 19, 866 A.2d 97, 101). We therefore review the referee’s determination of the value of marital property for clear error. See Robinson v. Robinson, 2000 ME 101, ¶ 12, 751 A.2d 457, 460. We will not disturb an estimate of value for the marital property that is within the range of expert opinion provided the fact-finder reached his own conclusion through an independent review of the evidence. Id. The trial court, or in this case the referee, “has a duty to make findings sufficient to inform the parties of the reasoning underlying [his] conclusions and to provide for effective appellate review,” Sewall v. Snook, 687 A.2d 234, 236 (Me.1996) (quotation marks omitted). We, however, “will assume that the [referee] found all the facts necessary to support [his] decision when neither party has filed a motion for specific findings of fact and conclusions of law.” Id.

[¶ 11] With regard to Maple Grove Nursing Home, Inc., the referee calculated the marital equity in Maple Grove by considering the expert testimony of Stephanie Rice and Norman Gosline, and by reviewing the value sheets for the corporation. The referee determined the value' of stockholder equity in the corporation to be $2,500,000. Habrle did not file a motion for further findings of fact or conclusions of law, and we assume, as we must, that the referee made the necessary factual findings to support his decision. Id. Therefore, the trial court did not commit clear error in accepting the referee’s report regarding the valuation of Maple Grove Nursing Home, Inc.

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Bluebook (online)
2008 ME 17, 940 A.2d 1091, 2008 Me. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-habrle-me-2008.