Dodson v. Dodson

955 P.2d 902, 1998 Alas. LEXIS 64, 1998 WL 134986
CourtAlaska Supreme Court
DecidedMarch 27, 1998
DocketS-7386, S-7416
StatusPublished
Cited by42 cases

This text of 955 P.2d 902 (Dodson v. Dodson) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dodson v. Dodson, 955 P.2d 902, 1998 Alas. LEXIS 64, 1998 WL 134986 (Ala. 1998).

Opinions

OPINION

FABE, Justice.

I. INTRODUCTION

The issues in this appeal and cross-appeal relate to proceedings that ended Jim and Robin Dodson’s marriage. Jim challenges several aspects of the superior court’s property division as well as the superior court’s decisions ordering him to sign a stock pledge agreement and to pay Robin reorientation alimony and attorney’s fees. In her cross-appeal, Robin argues that the superior court erred in characterizing certain property as marital rather than as belonging to her separately. We reverse in part, remand in part, and affirm in part.

II. FACTS AND PROCEEDINGS

Jim and Robin Dodson were married on September 30, 1967, separated in September 1993, and divorced in October 1995. In an order dated September 11, 1995, Superior Court Judge Mary E. Greene divided the [905]*905parties’ marital assets and obligations.1 In addition, she ordered Jim to pay Robin reorientation alimony “continuing until the earlier of the sale of the [marital residence] or Ms. Dodson becoming employed full time for the Fairbanks North Star Borough School District (or comparable job).” In connection with the divorce proceeding, Judge Greene also awarded Robin approximately $55,000 in attorney’s fees and directed Jim to execute a stock pledge agreement “as security for the payment, discharge, and indemnification” of the debts awarded to him during the property division.

On appeal, Jim argues that the superior court erred in several ways when it divided the marital assets and obligations. He also asserts that the court erred in awarding to Robin $55,000 in attorney’s fees and in requiring him to sign the stock pledge agreement. Robin cross-appeals, asserting that the superior court erred in characterizing certain stock as marital property rather than as her separate property.

III. STANDARD OF REVIEW

In general, we review factual findings under the clearly erroneous standard. See Barber v. Barber, 837 P.2d 714, 716 n. 2 (Alaska 1992). We review de novo the application of law to the relevant facts. See Fitzgerald v. Puddicombe, 918 P.2d 1017, 1019 (Alaska 1996).

In property division cases, our goal is to determine whether the trial court abused the broad discretion given to it under AS 25.24.160(a)(4). See Moffitt v. Moffitt, 749 P.2d 343, 346 (Alaska 1988). The division of property by the trial court is a three-step process. See Carstens v. Carstens, 867 P.2d 805, 810 (Alaska 1994). “Step one— determining what property is available for distribution — is reviewed under the abuse of discretion standard, although it may involve legal determinations to which this court applies its independent judgment.” Moffitt, 749 P.2d at 346. The second step requires the superior court to place a value on the property. See Carstens, 867 P.2d at 810. This is a factual determination that we will reverse only if there is clear error. See Moffitt, 749 P.2d at 346. Finally, in step three the superior court allocates the available property in an equitable manner. See id. We review this allocation under the abuse of discretion standard. See id.

We also employ the abuse of discretion standard when reviewing the superior court’s award of alimony, see Myers v. Myers, 927 P.2d 326, 327 n. 1 (Alaska 1996), and attorney’s fees. See Kowalski v. Kowalski 806 P.2d 1368, 1372 (Alaska 1991). Under the abuse of discretion standard, the trial court’s decision will be overturned only if this court has “a definite and firm conviction that the judge made a mistake.” City of Kenai v. Ferguson, 732 P.2d 184, 190 (Alaska 1987).

IV. DISCUSSION

A. The Superior Court Erred in Requiring Jim to Pay Certain Promissory Notes Relating to the Fidelity Warehouse, Inc. and Denali Transportation Corp. Stock.

The first issue in Jim’s appeal and the primary issue in Robin’s cross-appeal relates to certain stock in Fidelity Warehouse, Inc. (Fidelity) and Denali Transportation Corp. (DTC). The DTC and Fidelity stocks at issue in this case were at one time owned by a trust created by Robin’s father, Sig Wold (the Wold Trust). The stocks’ certificates reflect that Robin and Jim, acting as trustees 2 for the Wold Trust, transferred the stock in November 1979 to “[Jim] or Robin.” This transfer occurred before Sig Wold’s death in 1983.

Interestingly, the record contains two promissory notes, one for $12,400 and the other for $79,300, that purport to have been executed by Jim on the same days in November 1979 when the Wold Trust transferred the Fidelity and DTC stock to “[Jim] or [906]*906Robin.”3 At trial, Jim initially testified that the promissory notes were consideration for and executed contemporaneously with the 1979 Fidelity and DTC stock transfers. However, following a conversation with the attorney who handled the execution of the notes, Jim recanted his earlier statements and stated that he had executed the notes well after the 1979 transfers.4 On appeal, Jim asserts that, based upon the advice of his attorney, he backdated the notes to match the dates of the DTC and Fidelity stock transfers in order to characterize the transfers as sales so as to avoid federal gift taxes and penalties that might have otherwise applied.

As for the DTC stock, the superior court found that in November 1979 Robin knowingly participated with Jim in transferring the stock from the Wold Trust to the Dodsons as individuals. Accordingly, the court characterized the 1979 stock transfer as being “in the nature of a gift” and concluded that the DTC stock was marital property. Nevertheless, the superior court determined that it would be inequitable for Jim to “have the benefit of joint ownership of the [DTC] stock” without having to pay the promissory note with which he purported to purchase the stock. Therefore, it ordered Jim to pay the $79,300 note associated with the DTC stock.

By the time of the divorce, the Fidelity stock had been sold, and the proceeds had been consumed by the Dodson marriage. The superior court found that Robin knowingly signed the November 1979 document purporting to transfer the Fidelity stock from the Wold Trust to the Dodsons as individuals. Although the superior court did not explicitly find that this transfer was a gift, such a finding is implicit in the decision of the court for the court found that Robin had the same knowledge concerning the Fidelity transfer that she had with respect to the Denali transfer, and that both she and Jim regarded her inheritance through the trust as a joint asset. Nevertheless, the superior court characterized the $12,400 note relating to the Fidelity stock as Jim’s separate obligation (and Robin’s separate asset) and ordered Jim to pay it.

1. Jim’s appeal

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Bluebook (online)
955 P.2d 902, 1998 Alas. LEXIS 64, 1998 WL 134986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodson-v-dodson-alaska-1998.