Dickson v. Dickson

8 Fla. Supp. 2d 133
CourtCircuit Court for the Judicial Circuits of Florida
DecidedJune 28, 1984
DocketCase Nos. 83-40662 and 83-43259
StatusPublished

This text of 8 Fla. Supp. 2d 133 (Dickson v. Dickson) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickson v. Dickson, 8 Fla. Supp. 2d 133 (Fla. Super. Ct. 1984).

Opinion

[134]*134OPINION OF THE COURT

PHILLIP W. KNIGHT, Circuit Judge.

This action was heard before the Court for Final Hearing the 21st and 22nd days of June, 1984. The Court heard the testimony of the parties and of the witnesses called by them, thereby having the opportunity to view their demeanor and ascertain their credibility. Furthermore, the Court read the transcripts of all of the depositions offered to the Court for reading and reviewed all of the exhibits. Based thereon, the Court finds as follows:

DISSOLUTION OF MARRIAGE

A. The Court has jurisdiction of the subject matter and of the parties and specifically finds that the Wife has been a resident of Florida for more than six months next preceding the filing of the Petition for Dissolution of Marriage by the Wife.

B. The marriage between the parties is irretrievably broken, a vinculo matrimonii.

C. The parties were married to each other on December 30, 1967 in Las Vegas, Nevada and resided as Husband and Wife for approximately seventeen years until their final separation.

D. There were no minor children born of the marriage, although the husband did adopt one of the Wife’s children, Nicholas, born August 14, 1964, now age nineteen years.

E. At the time of the marriage the Husband owned 54% of the outstanding shares of stock of Valve and Primer. The Husband had worked long, hard and very industriously. He was a very gifted gentleman in the building of Valve and Primer from its infancy until the time of the marriage.

F. Prior to the marriage, the Husband also owned a one-half interest in a mansion in Illinois which was sold for approximately $85,000. The Husband’s one-half interest of the proceeds was utilized in the purchase of assets for Valve and Primer.

G. At the time of the marriage, the Wife had nominal assets.

H. During the marriage, the Husband voluntarily gave and transferred to the Wife 271 shares of stock of Valve and Primer and at a later date she purchased 600 shares of Valve and Primer so that at one point during the marriage, she owned 871 shares, an amount approximately equal to that which the Husband owned. The Wife has since sold 600 shares of Valve and Primer that were in her name for valuable consideration.

[135]*135I. Of the outstanding shares of Valve and Primer, the Husband, at the time of the Final Hearing, owns 829 shares in his name and the Wife owns 271 shares in her name.

J. During the marriage, the Wife demonstrated her tremendous financial acumen contributing to the business of the parties. She was a substantial, and toward the end of the marriage, a principal motivating factor in the financial success of Valve and Primer and also of the other businesses that were acquired by the parties during the marriage, some in their individual names, some in their joint names.

K. This is a proper case for the application of the doctrine of equitable distribution and in applying such doctrine, the Court has considered that the value of the Husband’s estate at the time of the marriage was approximately $200,000, that all other assets in the name of both or either of the parties, with the exception of the stock of Valve and Primer, were assets that were acquired by the parties during the marriage and are therefore marital assets regardless of how title is held.

L. In determining the distribution of marital assets, the Court has considered the following factors:

(i) The contribution to the marriage by each spouse, including the contribution that the Wife made as homemaker, as well as a breadwinner and the performance of her duties with Valve and Primer and with the other assets and businesses that were acquired by the parties during the marriage.
(ii) The economic circumstances of the parties at this time, as well as that which occurred during the marriage.
(iii) The duration of the marriage.
(iv) The desirability of retaining an asset in one person’s name to the exclusion of the other to encourage a successful and continued business practice and to keep same intact and free of any claim or inteference by the other party.
(v) The contribution of each spouse to the acquisition, enhancement and production of income of each of the marital assets.
(vi) All other factors that were submitted to this Court at Final Hearing to enable this Court to do equity and justice between the parties.

M. There are no non-marital assets other than that which has heretofor been mentioned that were brought into the marriage by either party.

Upon consideration of all of the foregoing, it is

[136]*136ADJUDGED, as follows:

1. The bonds of marriage between the Husband, Vincent B. Dickson and the Wife, Mary Chris Cox Dickson, are dissolved.

2. There is distributed to the Husband the following assets of which the Court has made, in its consideration, the following valuations, to wit:

(a) An undividied one-half of the beneficial interest of the trust known as the Skokie Land Trust, which has titled to the unimproved real property in Schaumburg, Illinois contiguous to the property upon which the Valve and Primer plant is situate, which has a value of $250,000.
(b) The Clearwater condominium, and its contents, with the exception of the Wife’s personal effects that may be located therein, which has a value of $140,000.
(c) The Dadeland condominiums, which have a value of $225,000.
(d) The Kirou note and mortgage, which has a value of $96,021.
(e) The Magnuson note and mortgage, which has a value of $56,146.
(f) The Kuiper note and mortgage, which has a value of $86,616.
(g) The Husband’s interest in the profit sharing trust, which has a value of $154,217.
(h) The lease described as Lease #1, which has a value of $106,503.
(i) The lease described as Lease #3, which has a value of $106,503.
(j) The lease described as Lease #10, which has a value of $150,197.
(k) The Shapiro purchase money note and mortgage, which has a value of $1,087,500.
(l) The F-27 Airplane, which has a value of $600,000.
(m) The escrow in the Pan American Bank, which is in the amount of $26,000.
(n) The miscellaneous marketable securities, which have a value of $15,000.
(o) The amount receivable from Capital Manufacturers Corporation, which has a value of $25,000.
(p) All of the outstanding capital stock of Pacific Alaska Airlines, which'has a value of $1,000,000.
(q) The Husband’s jewelry and personal effects which, -for the purposes of equitable distribution, the Court attributes a value of $65,000.

[137]*1373.

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8 Fla. Supp. 2d 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickson-v-dickson-flacirct-1984.