In re the Marriage of Harrington

935 P.2d 1357, 85 Wash. App. 613, 1997 Wash. App. LEXIS 80
CourtCourt of Appeals of Washington
DecidedJanuary 21, 1997
DocketNo. 34579-6-I
StatusPublished
Cited by37 cases

This text of 935 P.2d 1357 (In re the Marriage of Harrington) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Harrington, 935 P.2d 1357, 85 Wash. App. 613, 1997 Wash. App. LEXIS 80 (Wash. Ct. App. 1997).

Opinion

Kennedy, A.C.J.

Carole Harrington appeals the trial court’s findings of fact, conclusions of law, and decree of dissolution of marriage entered on February 17, 1994, contending that the trial court erred: (1) in failing to include and value as part of the community assets the Harringtons’ vested right to acquire additional stock in Harrington Chevrolet at a price well below market value; (2) in fixing the interest rate on the equalization award at seven percent per annum; and (3) in determining that it was just and equitable to divide the community property equally. Ms. Harrington also requests an award of attorney fees and costs on appeal under RAP 18.1 and RCW 26.09.140. Because the trial court erred in failing to include and value the vested right to acquire the additional stock at a price well below market value, and because the trial court failed to state its reasons for awarding only seven percent per annum on the equalization award, we reverse and remand for further proceedings consistent with this opinion, but we affirm the trial court’s determination that an equal division of the community property was fair and equitable in all the circumstances.

Mr. Harrington cross-appeals, contending that the trial court erred in granting Ms. Harrington’s motion for reconsideration, thereby eliminating the minority ownership discount which the trial court initially used to calculate the value of the parties’ stock in Harrington Chevrolet. We affirm the trial court’s grant of the motion for reconsideration.

FACTS

Carole and Dennis Harrington were married on January 29, 1972, and separated in May of 1992. Because the Harringtons’ two children had reached the age of major[617]*617ity, the primary issue at trial was the valuation and distribution of the parties’ assets.

At the time of trial, Ms. Harrington was 50 years of age. Aside from the need for major dental work, Ms. Harrington was in good health. She received a Bachelor of Arts degree in sociology from the University of Washington in 1967. After graduating from college, Ms. Harrington held a variety of jobs including working as a flight attendant, selling hotel meeting spaces, and developing and marketing a telephone follow-up program for automobile dealers. In 1978, the Harringtons moved from California to Washington where they purchased Poier Motors in Snohomish. Ms. Harrington worked at the dealership for an unspecified period of time, as well as briefly in retail sales. In 1989, she started a flower arrangement business which she continued to operate at the time of trial. Although the business consistently operated at a loss, Ms. Harrington and her vocational counselor projected financial success.

Ms. Harrington held two assets characterized by the court as her separate property. The first was a one-third interest in a testamentary trust established by her father which was funded with $600,000 of assets. Ms. Harrington has no direct control over the disbursement of the trust funds, nor are the funds liquid. The court valued Ms. Harrington’s interest in the trust at $200,000. The second asset was Ms. Harrington’s interest in her deceased father’s car dealership, Glen Grant Chevrolet, which the court valued at $75,000. Between 1989 and 1991, Ms. Harrington received a total of approximately $17,500 in interest income from Glen Grant Chevrolet.

Ms. Harrington’s financial declaration listed her monthly expenses for ordinary household items at $4,911.63, which included mortgage payments on the family home. In addition, Ms. Harrington had incurred substantial indebtedness for dental work, attorney fees, counseling, taxes, and home maintenance and repairs. Based on all of the above, the trial court found that, at the time of trial, Ms. Harrington had no significant earning [618]*618capacity, and that her need for income would continue for the foreseeable future.

At the time of trial, Mr. Harrington was 48 years of age and in good health. He attended the University of California at Berkeley for approximately four years, but did not receive a degree. After serving three tours of duty with the Navy as a fighter pilot, Mr. Harrington held various jobs. He worked in his father’s machine shop, sold small airplanes, and eventually worked with Ms. Harrington in her telephone follow-up program. When the Harringtons moved to Washington and purchased Poier Motors, Mr. Harrington began working full-time as manager of the business. He continued in that capacity when the Harringtons acquired the Pignataro Chevrolet dealership in Everett, renaming it Harrington Chevrolet. At the time of trial, Mr. Harrington’s monthly base salary at Harrington Chevrolet was $6,600.

While acting as manager of Harrington Chevrolet, Mr. Harrington developed two software programs called "Font-minder” and "FontFiddler.” He subsequently entered into a distribution and license agreement with a California company, under which he receives 12 percent of the net sales income generated by the software. Mr. Harrington also acts as a consultant to an advertising firm used by Harrington Chevrolet, earning $1,000 a month for his consulting services. Finally, Mr. Harrington earns "prize points” from Chevrolet which average about $800 a month. Based on all of the above, the trial court calculated Mr. Harrington’s gross monthly income at approximately $12,300.

The primary asset held by the Harringtons during their marriage was their interest in Harrington Chevrolet. Harrington Chevrolet is a corporation with three classes of stock: preferred stock, class A common stock, and class B common stock. The Harringtons held a small percentage of the preferred stock, and all of the class B common stock. The remainder of the preferred stock and all of the class A common stock were held by Motors Holding Corporation, [619]*619a subsidiary of General Motors created to assist prospective dealers in the acquisition of General Motors dealerships.

The preferred stock had a par value of $100 and earned dividends of $6 per share annually. Harrington Chevrolet was permitted to defer payment of dividends, and in fact had never paid dividends as of the date of trial. Unpaid dividends were added to the value of the shares at the end of each year. The last valuation before trial indicated that the book value of the preferred stock with the accumulated dividends was $141.95 per share. Although class A and class B common stock were treated equally financially, each having a par value of $100 per share, class A common stock had 75 percent of the voting rights while class B common stock had only 25 percent. Thus, through its ownership of class A common stock, Motors Holding Corporation controlled Harrington Chevrolet.

Harrington Chevrolet was organized under what Motors Holding Corporation referred to as the "old plan." Under the old plan, the Harringtons had the right to retire Motors Holding Corporation’s interest in Harrington Chevrolet by purchasing its stock directly, or by causing the corporation to redeem Motors Holding Corporation’s shares. The old plan provided that the purchase, whether directly by the Harringtons or indirectly through the corporation, was to be at book value. At the time of trial, the book value of Motors Holding Corporation’s class A common stock was $177 per share, while the book value of the preferred stock was $141.95 per share.

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935 P.2d 1357, 85 Wash. App. 613, 1997 Wash. App. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-harrington-washctapp-1997.