Langston v. Richardson

696 S.E.2d 867, 206 N.C. App. 216, 2010 N.C. App. LEXIS 1434
CourtCourt of Appeals of North Carolina
DecidedAugust 3, 2010
DocketCOA09-1535
StatusPublished
Cited by12 cases

This text of 696 S.E.2d 867 (Langston v. Richardson) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Langston v. Richardson, 696 S.E.2d 867, 206 N.C. App. 216, 2010 N.C. App. LEXIS 1434 (N.C. Ct. App. 2010).

Opinions

CALABRIA, Judge.

James W. Langston (“plaintiff’) appeals the trial court’s equitable distribution judgment (“the order”). The trial court classified certain joint accounts as marital property, certain debt as separate property, and ordered an equitable distribution of property. We affirm.

I. BACKGROUND

On 1 September 1998, plaintiff and Jeanne Langston (“Mrs. Langston”) (collectively “the parties”) were married in Hertford County, North Carolina. There were no children bom of the marriage. The parties lived together as husband and wife until 11 February 2004, when they separated.

Prior to the marriage, plaintiff owned several investment accounts. After the parties were married and prior to the date of separation, plaintiff added Mrs. Langston’s name to the investment accounts. Also during the marriage, plaintiff and Mrs. Langston negotiated an equity line loan with Wachovia Bank (“the equity line”). On [218]*21823 January 2004, less than three weeks before the date of separation, Mrs. Langston withdrew $51,000.00 from the equity line and deposited the funds into a bank account listed in her individual name. Prior to Mrs. Langston’s withdrawal, the total indebtedness of the equity line was $6,419.78. On the date of separation, the total indebtedness was $57,419.78.

On 14 May 2004, plaintiff filed a complaint in Perquimans County District Court seeking, inter alia, an absolute divorce as well as a distribution of the parties’ marital property and debt. Mrs. Langston answered and counterclaimed, seeking, inter alia, an equitable distribution. Plaintiff subsequently moved to sever the issue of absolute divorce from the other claims. On 9 May 2005, the trial court granted plaintiff an absolute divorce.

Mrs. Langston died testate on 12 July 2005. Julie Richardson, Executrix of the Estate of Mrs. Langston (“defendant”), was substituted as the party defendant and appeared in a representative capacity in this matter. On 2 December 2008, an Equitable Distribution Pretrial Order was filed. Schedules were included explaining the reasons both parties contended that an equal division of property was not equitable.

The equitable distribution hearing was held on 23 March 2009 in Perquimans County District Court. Plaintiff was 89 years old, received income in the amount of $792.00 per month in Social Security benefits and approximately $1,500.00 per month in retirement benefits. Following the hearing, the trial court entered an order finding and concluding that the investment accounts were marital property and that $51,000.00 of the equity line loan was defendant’s separate debt. The court distributed the Wachovia CAP Account, Dominion Direct Account, and Putnam Hartford Capital Manager Contract to plaintiff, and the America’s Utility Fund Account to defendant. The court also ordered plaintiff to pay defendant’s $51,000.00 separate debt and stated that plaintiff’s “obligation to do so was considered as a major factor for an unequal distribution.” Plaintiff appeals.

II. STANDARD OF REVIEW

“The division of property in an equitable distribution is a matter within the sound discretion of the trial court.” Cunningham v. Cunningham, 171 N.C. App. 550, 555, 615 S.E.2d 675, 680 (2005) (internal quotations and citation omitted). “When reviewing an equitable distribution order, the standard of review ‘is limited to a deter-[219]*219ruination of whether there was a clear abuse of discretion.’ ” Petty v. Petty, - N.C. App. -, -, 680 S.E.2d 894, 898 (2009) (quoting White v. White, 312 N.C. 770, 777, 324 S.E.2d 829, 833 (1985)). “A trial court may be reversed for abuse of discretion only upon a showing that its actions are manifestly unsupported by reason.” White, 312 N.C. at 777, 324 S.E.2d at 833. “Further, ‘[i]t is well established that a trial court’s conclusions of law must be supported by its findings of fact.’ ” Squires v. Squires, 178 N.C. App. 251, 256, 631 S.E.2d 156, 159 (2006) (quoting Robertson v. Robertson, 167 N.C. App. 567, 574, 605 S.E.2d 667, 671 (2004)). “[T]he findings of fact are conclusive [on appeal] if they are supported by any competent evidence from the record.” Beightol v. Beightol, 90 N.C. App. 58, 60, 367 S.E.2d 347, 348 (1988).

III. INVESTMENT ACCOUNTS

Plaintiff argues that the trial court erred in concluding as a matter of law that the investment accounts were marital property. We disagree.

As an initial matter, we note that in the instant case, the trial court made sixty-nine findings of fact in the order. Plaintiff argues only Findings 20, 23, 28, 34 and 40. “Under N.C.R. App. P. 10(a), this Court’s review is limited to those findings of fact and conclusions of law properly assigned as error.” Dreyer v. Smith, 163 N.C. App. 155, 156, 592 S.E.2d 594, 595 (2004) (citing Koufman v. Koufman, 330 N.C. 93, 98, 408 S.E.2d 729, 731 (1991)). Assignments of error not argued in plaintiff’s brief are abandoned. N.C. R. App. P. 28(b)(6) (2009). “Where no exception is taken to a finding of fact by the trial court, the finding is presumed to be supported by competent evidence and is binding on appeal.” Koufman, 330 N.C. at 97, 408 S.E.2d at 731. Therefore, in the instant case, all the other findings to which plaintiff has not assigned error or argued are presumed to be supported by competent evidence and are binding on this Court.

A pending action for equitable distribution does not abate upon the death of a party. Estate of Nelson v. Nelson, 179 N.C. App. 166, 170, 633 S.E.2d 124, 128 (2006). “Pursuant to N.C. Gen. Stat. § 50-20 (2007), equitable distribution is a three-step process requiring the trial court to ‘(1) determine what is marital [and divisible] property; (2) find the net value of the property; and (3) make an equitable distribution of that property.’ ” Petty, - N.C. App. at -, 680 S.E.2d at 898 (quoting Cunningham, 171 N.C. App. at 555, 615 S.E.2d at 680). “The initial obligation of the trial court in any equitable distribution [220]*220action is to identify the marital property in accordance with G.S. 50-20 and the appropriate case law.” Cornelius v. Cornelius, 87 N.C. App. 269, 271, 360 S.E.2d 703, 704 (1987) (citing Mauser v. Mauser, 75 N.C. App. 115, 330 S.E.2d 63 (1985). N.C. Gen. Stat. § 50-20(b) (2008) defines marital and separate property as follows:

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Langston v. Richardson
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Cite This Page — Counsel Stack

Bluebook (online)
696 S.E.2d 867, 206 N.C. App. 216, 2010 N.C. App. LEXIS 1434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/langston-v-richardson-ncctapp-2010.