In Re Marriage of Randall

510 N.E.2d 1153, 157 Ill. App. 3d 892, 110 Ill. Dec. 122, 1987 Ill. App. LEXIS 2784
CourtAppellate Court of Illinois
DecidedJune 29, 1987
Docket86-1280
StatusPublished
Cited by8 cases

This text of 510 N.E.2d 1153 (In Re Marriage of Randall) 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 Randall, 510 N.E.2d 1153, 157 Ill. App. 3d 892, 110 Ill. Dec. 122, 1987 Ill. App. LEXIS 2784 (Ill. Ct. App. 1987).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Respondent, Eugene Randall, appeals from the valuation and distribution of certain marital property, as well as an award of maintenance incident to the trial court’s judgment dissolving his marriage with petitioner, Virginia Randall. For the following reasons, we affirm.

Eugene and Virginia were married on November 22, 1958, and had two children during their marriage, both of whom wére emancipated at the time of dissolution. In July 1983, Virginia filed a petition to dissolve the marriage on the ground of mental and physical cruelty. At the time the proceedings were initiated, Virginia was 54 years old.

Trial of this case commenced in September 1985 on the issues of valuation and division of marital property. At the outset of the trial, the parties stipulated to the value of a number of assets, including the marital residence, several parcels of real property, Eugene’s pension, two bank accounts and other items of personal property. As the following testimony reveals, however, disputes at trial arose primarily over the value of each spouse’s business, a loan made by Eugene to Mark Rendelman, a cashier’s check given to Eugene’s mother, and Eugene’s workmen’s compensation award.

Virginia testified that she had operated a ceramics business for six years until June 1984, at which time she was injured and subsequently hospitalized following an accident which occurred when she was thrown from her husband’s truck. She stated that she was presently under a physician’s care for the resulting injuries and walked with a cane. Additionally, she was being treated for diabetes at a cost of $46 a month. With respect to her ceramics business, Virginia approximated its worth at $3,200 after considering the value of each asset. Eugene testified that the business was worth more than $3,200, yet admitted he was “not really” in a position to value it.

Aside from her ceramics business, Virginia had also operated a roofing company with her husband known as G&V Roofing (G&V) which was incorporated with Virginia as president in 1978 or 1979. Virginia acted as administrator of the corporation until 1980, when it was dissolved due to her husband’s failure to pay bills. Prior to its dissolution, Virginia cashed a $10,000 certificate of deposit owned jointly by her and her husband, $4,500 of which she used to pay a tax lien due on the corporation and the balance of which she used to pay household, medical, business, and living expenses. Virginia admitted that between 1979 and 1983 she obtained an additional $8,000 by cashing in two insurance policies and withdrawing various funds to cover the aforesaid expenses. At the time of trial, Virginia had incurred approximately $14,000 in medical and business expenses.

Virginia further testified that the $18,000 value her husband’s attorney placed on the roofing business was understated, noting that the business, now a proprietorship, owns three vehicles, two kettles, hot luggers, a Smith Beam, and roofing insulation. Virginia disagreed with the Frey Company’s appraisal valuing G&V’s roofing equipment at $3,500. Virginia additionally claimed, notwithstanding Eugene’s testimony to the contrary, that Eugene was currently working as a roofer as evidenced by photographs she had taken of his truck loaded with roofing materials, her observation that he returned home with dirty clothes on various occasions, and her discovery of roofing tar in the washing machine.

Virginia also asserted that out of a $72,656.89 deposit in Clyde Federal Savings and Loan Association made pursuant to a court order prior to trial, a $20,156.89 check was returned to Eugene, who in turn either invested the sum, “blew” it in Las Vegas, or gave it to his mother. Eugene subsequently testified that he gave the money to his mother.

Virginia stated that she had obtained property in Minnesota under a prior divorce settlement, the title of which was placed solely in her name. The property had been sold for $40,000, with $24,000 presently due. According to Virginia, the proceeds of that sale were used to pay the bills of her ceramics, business. Eugene claimed that he paid off a $6,000 debt on the property and, over a six-year period, performed $16,000 to $18,000 worth of improvements.

Eugene testified that he had been unable to work since November 14, 1983, due to injuries he sustained from an auto accident, but that he planned to return to work upon obtaining a release from his doctor. At the present time, Eugene subcontract's work to R&M Roofing, owned by his former son-in-law, in exchange for 7% to 8% of the company’s net receipts. According to Eugene, in the past year he earned $2,000, while in 1981 when he worked full time, his gross income totalled $32,000. Eugene estimated the value of his roofing company at $18,000, and stated that he had recently sold one of the company trucks for $6,500.

Evidence was revealed at trial that Eugene was entitled to $12,717.23 pursuant to a decision rendered on October 23, 1982, in a workmen’s compensation case Eugene had filed and that a man named Mark Rendelman owed Eugene $3,500. There was also testimony by Eugene that prior to and during the dissolution proceedings, he spent a $2,500 certificate of deposit and $2,500 in cash on living expenses. He further testified that his current personal and business debts totalled about $15,000.

Eugene also stated that he was entitled to the marital residence, as he had operated his business from that address since 1970 and used the garage to store his equipment. On further examination, however, Eugene indicated that he stored materials, tools and equipment in a rented garage in Cicero, Illinois, and on a lot in Berwyn, Illinois. He added that he had a post office box for receipt of business mail.

After hearing the above testimony, the trial court awarded Virginia, among other things, the marital residence, a $10,000 certificate of deposit, the Minnesota property, all assets of the ceramics business, and maintenance in an amount equal to 20% of Eugene’s net income for a five-year period, terminable upon Virginia’s full-time employment. Eugene was awarded, in addition to other items, the assets of G&V, the account due from Mark Rendelman, all proceeds from Eugene’s workmen’s compensation claim, and cash in the amount of $20,156.89 previously received by Eugene. It is from this judgment that Eugene appeals.

Eugene’s initial argument on appeal is that the trial court’s division of marital property was inequitable and therefore an abuse of discretion. In support of this argument, Eugene contends that the trial court was prejudiced against him throughout the trial in this matter as evidenced by the record, and that Virginia, unlike himself, received income-generating assets in the property distribution, such as' the two-flat marital residence, and property in Florida and Minnesota. We believe both contentions are without merit.

It is well established that a trial court’s distribution of marital property rests within its sound discretion and will not be disturbed absent an abuse of that discretion. (In re Marriage of Los (1985), 136 Ill. App. 3d 26, 482 N.E.2d 1022

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Bluebook (online)
510 N.E.2d 1153, 157 Ill. App. 3d 892, 110 Ill. Dec. 122, 1987 Ill. App. LEXIS 2784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-randall-illappct-1987.