Fletcher v. Fletcher

634 P.2d 1039, 2 Haw. App. 485, 1981 Haw. App. LEXIS 253
CourtHawaii Intermediate Court of Appeals
DecidedOctober 5, 1981
DocketNO. 7588; FC-D NO. 7616
StatusPublished
Cited by1 cases

This text of 634 P.2d 1039 (Fletcher v. Fletcher) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fletcher v. Fletcher, 634 P.2d 1039, 2 Haw. App. 485, 1981 Haw. App. LEXIS 253 (hawapp 1981).

Opinion

OPINION OF THE COURT BY

BURNS, J.

In this divorce case, Plaintiff Lori Ann Fletcher (Wife) appeals the lower court’s award to her of $2,557.75 as her share of the retail [486]*486business which she jointly owned and operated with Defendant James R. Fletcher (Husband). We reverse.

On August 25, 1975, Husband and Wife, then unmarried but living together, purchased the Economy Store1 in Paia, Maui, for $25,000.00, payable without interest in twenty-six (26) monthly installments. The contract allocated the purchase price as follows: inventory $15,000.00, Dodge Ramcharger $5,000.00, and equipment $5,000.00. The parties also acquired for a term ending February 29, 1980, a sublease of the store’s premises and an adjoining two-bedroom, one-bathroom residence at a rental of $500.00 per month through February 28,1978, and $550.00 per month through February 29, 1980.

Both parties worked in the store. On September 5, 1975, they formed a fifty-fifty2 partnership to operate it. At some point in time, they borrowed $7,000.00 from Husband’s mother, of which $5,000.00 went into the partnership and $2,000.00 went for personal expenses. They made no payments on the debt.

On November 20, 1976, the parties married.

According to Husband, Wife visited her family in Kauai sometime around October 1, 1978. She stayed longer than Husband wanted her to. When she returned some eight days later, he refused to pick her up and refused her entry into the residence. The next day she picked up her things and never returned to the house or the store.

She filed for divorce on December 6,1978. Trial was held on July 3, 1979.

The parties agreed that Wife should be awarded a 1969 Volkswagen, a typewriter, and diving equipment; and that Husband should be awarded a 1969 Volkswagen,3 a 1974 Yamaha motorcycle,4 the household goods and furniture, and the partnership subject to its debts.5

[487]*487The trial involved Wife’s request for (1) the court to appoint an appraiser to value the partnership; (2) one-half of the “fair net value” of the partnership; (3) one-half of the amounts which Husband drew out of the partnership since separation; (4) $200.00 per month alimony until completion of her education; and (5) $500.00 attorney’s fees plus costs.

The court denied Wife’s requests for appointment of an appraiser and for alimony, awarded Wife $300.00 for attorney’s fees and $2,557.75 for her interest in the partnership, ordered Husband to pay the $2,000.00 owed to his mother, and equally divided the 1978 state and federal tax refunds.

Wife contends that she should have been awarded more than $2,557.75 for her interest in the partnership.

In a divorce case pursuant to Hawaii Revised Statutes (HRS) § 580-47, before the family court can justly and equitably divide and distribute the estate of the parties and allocate the responsibility for the payment of the debts of the parties, it must first identify all of the assets and debts in the estate and then it must determine their values. This may be done by stipulation of the parties or by findings of fact based on the evidence.

In this case the assets and debts have all been identified. Valuation was the issue. On that subject the court stated in conclusion of law no. 8:

8. The value of the business is the net book value of the business inasmuch as the life expectancy of the business is only until February, 1980.

The reason given is a non-sequitur. A business may be valued by using one or more of the following approaches: (1) asset value; (2) capitalization of earnings; (3) market value. When using the asset value approach, one may use (a) book values or (b) reproduction values or (c) liquidation values. P. HUNT, C. WILLIAMS, & G. DONALDSON, BASIC BUSINESS FINANCE, TEXT AND CASES, (4th ed. 1971).

Book values are generally not reliable standards of actual current values because, inter alia, the book generally carries inventories at the lower of cost or market, and it carries fixed assets at cost less depreciation. Id. at 555.

In this case, the trial court was limited by the evidence to the use of the net asset value approach as determined by using book values.

[488]*488We find no abuse of discretion in the trial court’s refusal to appoint an appraiser. If, without the parties’ agreement in advance to be bound by the appraiser’s conclusions, the trial court appointed an appraiser and then at trial the parties contradicted the court’s appraiser’s conclusions by the testimony of their own appraisers, the trial court would be forced to choose between its appraiser and the parties’ appraisers. Here, the trial court wisely avoided such a possibility.

The information made available to the court by the Husband reveals the following relevant financial information about the Economy Store:

1978 QUARTERLY BALANCE SHEETS

Quarter Ending ............... 3-31-78 6-30-78 9-30-78 12-31-78

Total Assets...................... 28,997. 25,722. 27,759. 23,185.6

Total Liabilities ................ 12,809. 8,974. 9,183. 16,313.7

Net Book Value ............... 16,188. 16,748. 18,576. 6,872.

1978 QUARTERLY PROFITS

Quarter Ending ............... 3-31-78 6-30-78 9-30-78 12-31-78

Sales.................................. 92,937. 88,442. 86,928. 78,655.

Cost of Sales..................... 74,251. 69,756. 73,151. 72,476.8

Gross Profit ...................... 18,686. 18,686. 13,777. 6,180.

Expenses........................... 13,908. 12,765. 9,879. 11,628.

Net Before Taxes ............ 4,778. 5,921. 3,898. (5,448.)

ANNUAL PROFITS

Calendar Year Ending..... 1975 1976 1977 1978

Sales.................................. 106,916. 347,033. 333,068. 346,961.

Gross Profit...................... 19,226. 56,450. 70,909. 57,328.

Net Before Taxes ............ 3,576. 9,104. 17,167. 9,1499

[489]*489This case was tried, decided, and appealed primarily as a dissolution of a partnership under HRS chapter 425 rather than as a divorce under HRS chapter 580.

Thus the court stated, inter alia, in its conclusions of law10 nos. 4, 5, 6 and 7:

4. The plaintiff retired from the parties’ partnership as of October, 1978.
5. The partnership agreement does not provide for retiring partners and, therefore, the Uniform Partnership Act as expounded in H.R.S. § 425-142 shall apply to plaintiffs retirement.
6. As the retiring partner under § 425-142, the Court may allow the plaintiff her interest in the partnership with interest to the date of trial of [or] 50% of the profits to the date of trial.
7. The defendant, being the partner who ran the business from plaintiffs retirement, is entitled to the partnership profit accrued since October of 1978.

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Bluebook (online)
634 P.2d 1039, 2 Haw. App. 485, 1981 Haw. App. LEXIS 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-fletcher-hawapp-1981.