In Re Marriage of Marx

667 N.E.2d 734, 281 Ill. App. 3d 897, 217 Ill. Dec. 645, 1996 Ill. App. LEXIS 505
CourtAppellate Court of Illinois
DecidedJune 28, 1996
Docket4-95-0814
StatusPublished
Cited by4 cases

This text of 667 N.E.2d 734 (In Re Marriage of Marx) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Marx, 667 N.E.2d 734, 281 Ill. App. 3d 897, 217 Ill. Dec. 645, 1996 Ill. App. LEXIS 505 (Ill. Ct. App. 1996).

Opinion

PRESIDING JUSTICE COOK

delivered the opinion of the court:

Respondent Martin Marx appeals the supplemental dissolution judgment, arguing the trial court erred where it (1) made no findings of fact in ruling on the property issues, and (2) abused its discretion in the distribution by failing to consider whether his nonmarital estate should be reimbursed for the $20,000 used as a down payment on the parties’ house. In reply to Martin’s arguments, Lorrie makes a release-of-errors argument concerning Martin’s alleged acceptance of the benefits of the decree and his subsequent attack on the unfavorable parts of the decree. We affirm.

I. BACKGROUND

Lorrie Gifford and Martin Marx were married in December 1984. They have two children. The parties separated in April 1992. The marriage was dissolved in February 1993. A "SUPPLEMENTAL JUDGMENT OF DISSOLUTION OF MARRIAGE (ANCILLARY MATTERS)” was entered in September 1995.

Lorrie is a nurse. At the time of dissolution, she was earning over $35,000 annually. Martin is a high school teacher. At the time of dissolution he was earning approximately $27,000 annually.

Before the marriage, in July 1984, the parties bought a house. The purchase price was $49,500. The parties obtained a mortgage from a bank in the amount of $24,000. In addition, Martin received $20,000 from his father, which was applied to the purchase. Currently the house is valued at $49,000.

Other property subject to this appeal includes a large collection of "Precious Moments” statues (some of which belonged to Lorrie prior to marriage), pension accounts, two cars, Lorrie’s craft business and its supplies, household furniture, and the parties’ federal income tax refund.

When the parties separated, Lorrie testified she had to move from the house. Martin, however, remained there and continued to have the sole use of the parties’ personal property. Lorrie first stayed with friends, then rented a house. She had to expend funds on furnishing it, and, because she apparently had no access to her former residence, had to buy appliances, children’s toys, and even replacement clothing.

On August 8, 1994, both parties filed written closing arguments. The trial judge resolved the issues as Lorrie’s argument suggested, and this appeal followed.

II. ANALYSIS

A. Release of Errors

We consider as a threshold matter Lorrie’s argument that Martin ought be estopped from pursuing this appeal under the doctrine of release of errors. She maintains Martin’s purchase of the marital residence subsequent to and pursuant to the terms of the dissolution judgment amounts to his enjoyment of the benefits of the judgment and she has been disadvantaged. We disagree.

First, the record before us fails to demonstrate the events upon which Lorrie’s release-of-errors argument is premised. Second, the rule is as follows: as a general rule, a litigant cannot attack a decree whose benefits he has previously enjoyed, if to do so would place the opposing party at a distinct disadvantage upon reversal of the decision (Lemon v. Lemon, 14 Ill. 2d 15, 17, 150 N.E.2d 608, 610 (1958)). We fail to see how this rule is applicable here. Assuming Martin purchased the house within 14 days of the judgment, both parties presumably benefitted from not having to list it with a realtor (as the decree provided) and pay a sales commission. The only other apparent benefit to Martin would be he did not have to move. No disadvantage to Lorrie is shown: she received her share of the proceeds and had the immediate use of the money.

B. The Court’s Findings of Fact

Martin first argues the trial court made no findings of fact with respect to the parties’ property. In support of his argument, Martin points to the court’s "cryptic” docket entry "Remaining issues ordered as set forth in Petitioner’s Closing Argument filed August 8, 1994.” The next sentence, however, stated: "Written order to be presented approved by counsel.” Martin further ignores the court’s written dissolution judgment.

In the supplemental judgment, the court effected "equitable distribution” of, and ruled on, some 17 items, including the "marital residence,” "Precious Moments statuary,” 1989 car, 1984 car, the parties’ pension accounts, federal income tax refund, coin collection of the parties’ children, craft supplies, nonmarital debt to Martin’s father, the "remaining consumer debts,” and the parties’ medical insurance, maintenance and alimony, remaining personalty, and attorney fees.

The supplemental judgment was based on Lorrie’s written closing argument. In it, Lorrie discussed all the contested issues. First, she argued that property purchased prior to marriage, but in contemplation of marriage, should be classified as marital property. Therefore, she contended, "the marital residence should be determined to be marital property.” Next, she contended that the entire Precious Moments collection (with the exception of one) was her non-marital property. She argued that some of the pension accounts were marital property. She argued that the cars were marital property. She argued that the children’s coin collection belonged to the children. She argued that the craft supplies were nonmarital property. She argued that some of the debts were marital, while some others, most importantly the $20,000 used as a down payment on the house, were not.

Coupled with the court’s supplemental judgment, it is clear the trial court, in distributing the assets, implicitly made findings consistent with Lorrie’s closing argument. Therefore, Martin’s argument that the trial court made no findings of fact is without merit.

With respect to the distribution effected by the court, Martin acknowledges a trial judge does not have to divide property equally. He also acknowledges by reply brief that, excluding the disputed $20,000, discussed below, the property was divided 40% to him and 60% to Lorrie.

It is the province of the trial judge to determine the credibility of witnesses. People v. Seawright, 228 Ill. App. 3d 939, 965, 593 N.E.2d 1003, 1020 (1992). The court’s findings will not be disturbed unless manifestly against the weight of the evidence. In re Marriage of Hof - stetter, 102 Ill. App. 3d 392, 396, 430 N.E.2d 79, 82 (1981). Martin’s counsel brought to the court’s attention the "eleven [sic]” factors of section 503 of the Marriage and Dissolution Act (Act) (750 ILCS 5/503(d)(l) through (d)(12) (West 1994)). We find the court properly exercised its discretion in assessing the credibility of witnesses and made a just distribution of property in conformance with the mandates of section 503 of the Act. 750 ILCS 5/503(i) (West 1994).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Marriage of Horlbeck
2023 IL App (2d) 210351-U (Appellate Court of Illinois, 2023)
In re Marriage of Battaglia
2023 IL App (1st) 220051-U (Appellate Court of Illinois, 2023)
In Re Marriage of Barnes
755 N.E.2d 522 (Appellate Court of Illinois, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
667 N.E.2d 734, 281 Ill. App. 3d 897, 217 Ill. Dec. 645, 1996 Ill. App. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-marx-illappct-1996.