Courembis v. Courembis

595 S.E.2d 505, 43 Va. App. 18, 2004 Va. App. LEXIS 203
CourtCourt of Appeals of Virginia
DecidedMay 4, 2004
Docket1176034
StatusPublished
Cited by46 cases

This text of 595 S.E.2d 505 (Courembis v. Courembis) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Courembis v. Courembis, 595 S.E.2d 505, 43 Va. App. 18, 2004 Va. App. LEXIS 203 (Va. Ct. App. 2004).

Opinions

ANNUNZIATA, Judge.

Louis P. Courembis (husband) appeals from a final decree of divorce which awarded Sylvia L. Courembis (wife) $2.7 million from the marital estate and $64,000 per year in spousal support. Husband contends that the trial court erred by including certain properties within the marital estate and in determining the need for, and amount of, spousal support. Wife filed a motion to dismiss husband’s appeal on certain procedural grounds which we address in the body of the opinion. Wife also cross-appeals, challenging the trial court’s decision not to include certain properties, or their total value, in the marital estate. Wife’s cross-appeal raises issues of first impression in Virginia. For the reasons that follow, we affirm the decision of the trial court, but remand for determination of an award of attorney’s fees to wife.

I. Background

Husband and wife were married on August 30, 1975. Before and during the marriage, husband owned and operated successful real estate businesses. At the time of the parties’ separation in 2001, the combined assets of husband and wife were valued at approximately $14 million.

This appeal centers around three parcels of real estate: (1) the “Route 50 joint venture” property, (2) the “Lee-Taylor” property, and (3) the “Horizon and Lorcom Towers apartments.”

Husband acquired the Route 50 joint venture property before the parties were married. Husband owned a one-third interest in this property. During the marriage, the property was rezoned from R-4 to R-12 and husband filed a site plan for the property allowing townhouses to be built on the site. [23]*23As a result of these efforts, the property increased in value from approximately $500,000 to $1,573,000 when it was sold at auction. The auction was prepared and conducted by wife, who spent a “couple of days” preparing “all the details ... [and] setting] up the rules.” Consistent with his one-third interest in the property, husband’s share of the increase in value totaled $357,667. From husband’s share of the increase in value of the Route 50 property, the trial court awarded wife $200,000.

The Lee-Taylor property is composed of fifteen lots, all of which were purchased during the marriage. The lots were purchased in such a way as to make the entire property contiguous, thereby increasing its overall value to developers. Although husband assumed the lead role in acquiring and assembling the lots, wife contributed to efforts to rezone the property. Wife completed the application for rezoning, contacted members of the board charged with making zoning decisions, and garnered support from members of the community for the rezoning effort.

Wife called an expert, Oakleigh Thome, who testified that the Lee-Taylor property increased in value during the marriage by $2,393,000. Thorne attributed the increase in value to the rezoning of the property, the assemblage of the lots into one contiguous parcel, and passive market forces. The total value of the property is currently estimated to be $6,125,000. The trial court accepted the testimony of wife’s expert, finding that the property increased in value by approximately $2.4 million as a result of the efforts of both parties while married. From that increase in value, the trial court awarded wife $800,000.

The Horizon and Lorcom Towers properties were acquired before the marriage by The Horizon Corporation and Courembis Enterprises, respectively. The Horizon Corporation was a corporate entity in which husband owned seventy-two percent of the stock. Courembis Enterprises was a partnership consisting of husband and two other relatives. Apartment buildings were built on the properties. Wife was a corporate [24]*24officer and treasurer of The Horizon Corporation, and she kept an office in the Horizon building. The apartment buildings were sold in 1999 for a total of approximately $17 million dollars.

Wife testified that she played a significant role in selling the apartment buildings, stating “I did everything, because Louis didn’t do it.” Wife kept charts of the bids for the properties, which she updated each time a new bid was placed. Wife said that, relative to the time husband spent on the sale, she committed more time handling the process, which continued about a year. When the buildings were sold, husband’s share of the proceeds amounted to approximately $6.3 million dollars after taxes. Husband stated that those funds were kept in his name only and were never placed in a joint account. However, wife testified that she managed the subsequent investment of the funds and exercised some control over them. She produced a document, signed by her husband, which authorized her to make telephone transfers from First Virginia Bank where some of the proceeds were placed after the sale. With her transfer authority, wife bought and sold short-term Treasury bills, “transfer[ring] money back and forth as they matured.” Wife alone maintained records of the transfers. Wife also testified that she interviewed several companies, evaluating them as venture capital prospects for her husband. Husband invested approximately $600,000 in Alliance Global Investor Services, one of the companies she interviewed. Wife prepared the application for that investment. The trial court found that the Horizon and Lorcom Towers were husband’s “pre-marital” and separate properties and that “[t]here is no marital component to either property’s value. The proceeds from the sale ... are the [husband’s] sole and separate property.”

In addition to a share of the Route 50 and Lee-Taylor properties, the trial court awarded wife $64,000 in spousal support per year and ordered husband to pay wife’s attorney’s fees in the amount of $90,000. Husband appeals the trial court’s decision, arguing that the trial court erred by awarding virtually the entire marital estate to wife, including within the [25]*25marital estate the increase in value of the Route 50 and Lee-Taylor properties, and awarding wife attorney’s fees. Wife cross-appeals, arguing that the trial court erred by not including, within the marital estate, the entire value of the Lee-Taylor property or any portion of the proceeds from the sale of the Horizon and Lorcom Towers apartments. Wife also requests attorney’s fees incurred in defending husband’s appeal. We find no error and affirm.

II. Procedural Default

Prior to our hearing of the case, wife filed a motion to dismiss husband’s appeal on the ground that it was procedurally defaulted. Wife’s motion was based on the following: (a) husband failed to preserve the issues he presents to this Court for appeal, and (b) husband incorrectly stated facts in his brief and inadequately cited the record in his statement of facts. We consider each ground of the wife’s motion seriatim.

A. Failure to Preserve Objections Pursuant to Rules 5A:18 and 5A:20

Briefly stated, husband questions on appeal: (1) whether the court’s award of nearly all the marital estate to the wife was equitable; (2) whether the court erred in awarding spousal support to the wife; (3) whether the court erred in determining the amount of the spousal support award; (4) whether the court complied with Code § 20-107.1(F) when it awarded spousal support to the wife; (5) whether the court erred in awarding counsel fees payable by husband to wife; and (6) whether the court erred in determining that the increase in value of certain properties, the Lee-Taylor property and the Route 50 property, should be included within the couple’s marital assets.

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Cite This Page — Counsel Stack

Bluebook (online)
595 S.E.2d 505, 43 Va. App. 18, 2004 Va. App. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/courembis-v-courembis-vactapp-2004.