Marriage of Nardini v. Nardini

385 N.W.2d 339
CourtCourt of Appeals of Minnesota
DecidedJune 30, 1986
DocketC1-85-1421
StatusPublished
Cited by2 cases

This text of 385 N.W.2d 339 (Marriage of Nardini v. Nardini) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Nardini v. Nardini, 385 N.W.2d 339 (Mich. Ct. App. 1986).

Opinion

OPINION

FOLEY, Judge.

Marguerite Nardini appeals from a judgment and decree of dissolution entered on June 28, 1985. Marguerite challenges the *340 trial court’s property division, claiming that the trial court (1) improperly valued Nardi-ni Fire Equipment Company, one of the parties’ three companies, and (2) erroneously characterized one-half of Nardini Fire Equipment Company as Ralph Nardini’s nonmarital property. Marguerite also challenges her award of spousal maintenance, arguing that both the amount and the duration of the award constitute an abuse of discretion. Finally, Marguerite disputes the trial court’s denial of her request for attorney’s fees. We affirm.

FACTS

Marguerite and Ralph Nardini were married on December 26, 1953. The marriage was dissolved and a judgment and decree entered on June 28, 1985. At the time the judgment was entered, Marguerite was 54 years old, and Ralph was 56. The parties have two children, both of whom are grown and living away from home.

For the duration of the marriage, Ralph worked in his business involving the selling and servicing of fire protection equipment in commercial and residential settings. Ralph first became involved in the fire protection equipment business in 1949, prior to the parties’ marriage, when he purchased an interest in the proprietorship of Peter Dietsch. Ralph claims he purchased a 50% interest in Dietsch’s proprietorship for $2,500. Marguerite testified that Ralph purchased a half interest in only a part of Dietsch’s business, in the recharging section. At her pre-trial deposition, Marguerite admitted that she did not know what portion of Dietsch’s business consisted of the recharging section. Subsequent to the parties’ marriage, they purchased Dietsch’s interest in the partnership for $12,500. In the late sixties, the parties renamed the business Nardini Fire Equipment Company.

The business has grown since Ralph’s initial purchase in 1949. The parties incorporated a sister company in Fargo, North Dakota called Nardini Fire Equipment Company of North Dakota, which the parties stipulated has a value of $25,000. A third company, the Nardini Development Company, was also created, and the parties have stipulated that the value of this company is $165,924 after the subtraction of encumbrances. Prior to the dissolution, the parties jointly held all of the shares in these three companies, with Marguerite holding 40% of the stock and Ralph 60%.

Ralph is the president of Nardini Fire Equipment Company and its sister company in North Dakota. Ralph earns approximately $90,000 in gross income per year. In addition, he receives various perquisites, including a leased company car, an expense account, and a membership at North Oaks Country Club.

Marguerite’s involvement with the companies was limited to bookkeeping work in the early years of the marriage. Primarily, she worked as a homemaker during the course of the parties’ 31-year marriage. Marguerite is involved in numerous civic and charitable functions, and she is currently serving on the city council of Little Canada, a position she will have until December 31, 1986 and for which she receives $240 per month. Marguerite has a high school education.

Marguerite suffers from a chronic skin condition called psoriasis. Failure to take her weekly doses of medication results in cracked and bleeding skin. While the medication has unpleasant side effects, it has been fairly effective in controlling Marguerite’s condition for the past two years. Ralph enjoys good health.

Prior to trial, the parties stipulated to the value and disposition of much of their property. Left for the trial court’s consideration was the value of Nardini Fire Equipment Company, disposition of the parties’ three closely held corporations, Marguerite’s request for spousal maintenance, and Marguerite’s request for an award of attorney’s fees.

Both parties presented valuations of the Nardini Fire Equipment Company through the testimony of their experts. Marguerite’s expert, Steven Thorp, testified that the value of the company was $725,213. Thorp based his valuation on a comparison *341 of comparable companies and acknowledged that he did not take into consideration Ralph’s “key man” status in the company. Ralph’s expert, John Hawthorne, testified that he performed a detailed analysis of comparable companies trading their stock publicly as well as Nardini Fire Equipment Company. Utilizing this approach and taking into account Ralph’s key man status, Hawthorne valued the company at $350,000.

After trial, and at the trial court’s request, both parties submitted proposed findings and conclusions. Without attaching a memorandum, the trial court adopted Ralph’s proposed findings and conclusions in their entirety. The trial court found that Ralph acquired an interest in one-half of the predecessor company prior to the parties’ marriage, thereby giving him a non-marital interest in one-half of Nardini Fire Equipment Company. The court further found that the fair market value of the company was $350,000, and that a one-half interest discounted for lack of control was worth $135,135. Finding that Marguerite is an “able bodied woman capable of employment and training for employment,” the trial court awarded her $1,200 per month for five years as spousal maintenance. The trial court also denied Marguerite’s request for attorney’s fees. Marguerite appeals.

ISSUES

1. Was the trial court’s valuation of Nardini Fire Equipment Company clearly erroneous?

2. Did the trial court err in its characterization of one-half of Nardini Fire Equipment Company as Ralph’s nonmarital property?

3. Did the trial court abuse its discretion in refusing to award Marguerite permanent maintenance?

4. Did the trial court abuse its discretion in denying Marguerite’s request for attorney’s fees?

ANALYSIS

1. Marguerite’s first argument on appeal is that the trial court erred in valuing the Nardini Fire Equipment Company at $350,000. The Minnesota Supreme Court has held that a trial court’s valuation of an asset is a finding of fact, which “shall not be set aside unless clearly erroneous on the record as a whole.” Hertz v. Hertz, 304 Minn. 144, 145, 229 N.W.2d 42, 44 (1975). See also Quade v. Quade, 367 N.W.2d 87, 89 (Minn.Ct.App.1985), pet. for rev. denied, (Minn. July 11, 1985). Furthermore, “the market valuation determined by the trier of fact should be sustained if it falls within the limits of credible estimates made by competent witnesses even if it does not coincide with the estimate of any one of them.” Hertz, 304 Minn, at 145, 229 N.W.2d at 44. This court will not set aside the trial court’s valuation of an asset unless such a finding is ‘manifestly and palpably contrary to the evidence as a whole.’ ” March v. Crockarell, 354 N.W.2d 42, 48 (Minn.Ct.App.1984), pet. for rev. denied, (Minn. Jan. 10, 1985) (quoting Kucera v. Kucera, 275 Minn.

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Related

Marriage of Nardini v. Nardini
414 N.W.2d 184 (Supreme Court of Minnesota, 1987)
Marriage of Poach v. Poach
392 N.W.2d 749 (Court of Appeals of Minnesota, 1986)

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Bluebook (online)
385 N.W.2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-nardini-v-nardini-minnctapp-1986.