Morris v. Morris

367 S.E.2d 408, 90 N.C. App. 94, 1988 N.C. App. LEXIS 371
CourtCourt of Appeals of North Carolina
DecidedMay 3, 1988
Docket8722DC1188
StatusPublished
Cited by7 cases

This text of 367 S.E.2d 408 (Morris v. Morris) 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
Morris v. Morris, 367 S.E.2d 408, 90 N.C. App. 94, 1988 N.C. App. LEXIS 371 (N.C. Ct. App. 1988).

Opinion

SMITH, Judge.

Appellant brings forth as his sole assignment of error the trial court’s entry of judgment distributing the marital property and ordering him to pay alimony and attorney’s fees. He asserts that the evidence, findings of fact, and conclusions of law do not support the trial court’s judgment. Appellant contends in his brief that the trial court’s distribution of the marital property was not equitable and specifically says that the court, in its findings and conclusions: 1) failed to give credit in the distribution of property for amounts he paid in mortgage principal for the marital home after appellant and appellee separated; 2) failed to consider all marital debts of the parties and distribute them equally; 3) failed to consider, pursuant to G.S. 50-20(c)(lla), acts of appellant to maintain the marital property and the devaluation of other property due to appellant’s efforts to support appellee; and 4) failed to correctly valúate certain marital property. Appellant also contends that the evidence and findings regarding the parties’ estates, earnings, earning capacity and "standard of living fail to support the court’s conclusion as to alimony. Finally, appellant argues that the court failed to make adequate findings or meet the statutory requirements for awarding attorney’s fees and that the evidence was insufficient to support such a finding had it properly been made.

Appellant’s only exception and assignment of error is to the trial court’s entry of judgment. He has not excepted to any of the *97 court’s findings of fact or conclusions of law. When no exceptions have been taken to specific findings of fact then those findings are considered to be supported by competent evidence and are binding on appeal. Anderson Chevrolet/Olds v. Higgins, 57 N.C. App. 650, 292 S.E. 2d 159 (1982); Jarman v. Jarman, 14 N.C. App. 531, 188 S.E. 2d 647, cert. denied, 281 N.C. 622, 190 S.E. 2d 465 (1972); Jackson v. Collins, 9 N.C. App. 548, 176 S.E. 2d 878 (1970). We therefore do not address any of appellant’s contentions regarding the insufficiency of the evidence to support the court’s findings of fact. We must only determine whether the findings of fact support the conclusions of law and the judgment entered thereon. Jarman, supra.

We first consider whether the trial court’s conclusion that “an equal division ... is equitable” is supported by the findings of fact. Appellant contends in his brief that the court’s division was not equitable because certain marital property and liabilities of the parties were not equitably distributed. We disagree. G.S. 50-20(c) provides that “[t]here shall be an equal division . . . unless the court determines that an equal division is not equitable.” An equal division is mandatory unless the court finds such division is not equitable. White v. White, 312 N.C. 770, 324 S.E. 2d 829 (1985). If evidence of inequity is presented, then the trial court is given discretion in weighing the facts before it to determine a proper distribution of marital assets. Id.

It is well established that where matters are left to the discretion of the trial court, appellate review is limited to a determination of whether there was a clear abuse of discretion .... A ruling committed to a trial court’s discretion . . . will be upset only upon a showing that it was so arbitrary that it could not have been the result of a reasoned decision.

Id. at 777, 324 S.E. 2d at 833. In other words, an equitable distribution order should not be disturbed unless “the appellate court, upon consideration of the cold record, can determine that the division ordered . . . has resulted in an obvious miscarriage of justice.” Alexander v. Alexander, 68 N.C. App. 548, 552, 315 S.E. 2d 772, 776 (1984). In the case sub judice, the findings of fact indicate that appellant is a high school graduate and sole shareholder of his own corporation. Appellee is also a high school *98 graduate with business college training and is employed as a medical secretary. Further, the findings are that the parties own several properties together and each maintains a separate IRA account in identical amounts. There is nothing in the record to indicate any abuse of discretion on the part of the trial court in concluding that “an equal division ... is equitable.”

Appellant has set forth in his brief several statutory and non-statutory factors which he alleges the court did not properly consider in its judgment thus resulting in an inequitable distribution. These factors are: 1) defendant’s post-separation mortgage payments on the marital residence: 2) evidence that marital property in Florida awarded to appellant, valued by the court at $14,000.00 (purchase price), was worth only $4,500.00 (tax value); 3) marital debts and 4) acts of appellant during the separation to maintain the marital property contrasted with appellee’s alleged depletion of marital property. The only specific findings of fact relating to these factors are a finding concerning the value of the Florida property and a finding that a second mortgage on the marital residence is actually appellant’s business debt. Appellant did not except to these findings of fact; therefore, they are binding on appeal. Jarman, supra. As to the remaining factors, our Court has held that where a trial court determines that equal distribution is equitable, the judge need not make findings on statutory or non-statutory factors. Armstrong v. Armstrong, 85 N.C. App. 93, 354 S.E. 2d 350, rev. allowed, 320 N.C. 511, 358 S.E. 2d 515 (1987); Loeb v. Loeb, 72 N.C. App. 205, 324 S.E. 2d 33, cert. denied, 313 N.C. 508, 329 S.E. 2d 393 (1985). Therefore, absent a showing that an equal division is inequitable and arbitrary, such a division is mandatory and specific findings of statutory factors under G.S. 50-20(c) and non-statutory factors are not necessary to sustain the judgment. Based on the foregoing and the court’s findings as to the parties’ background and estates, we are unable to say that the court abused its discretion in ordering an equal division of marital assets. The order for an equal division of property is supported by the findings and conclusions and is affirmed. We further note appellant’s contentions that the trial court erred: (1) in not allowing him credit for mortgage payments he made on the marital home after the parties separated; (2) in not equally dividing the marital debts existing at separation; and (3) in not properly considering appellee’s alleged depletion of the marital assets *99 are without merit for other reasons. In support of his first contention regarding mortgage payments, appellant relies on Hunt v. Hunt, 85 N.C. App. 484, 355 S.E. 2d 519 (1987), The case now before this Court is factually distinguishable. In Hunt, the mortgage payments were not made as a part of alimony pendente lite payments. The appellant in the case at bar was ordered to make the mortgage payments as a part of the alimony pendente lite award to appellee. With regard to appellant’s second contention concerning the failure of the trial court to equally divide the marital debts, appellant relies on G.S. 50-20(c)(lla).

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Bluebook (online)
367 S.E.2d 408, 90 N.C. App. 94, 1988 N.C. App. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-morris-ncctapp-1988.