Naddeo v. Naddeo

626 A.2d 608, 426 Pa. Super. 131, 1993 Pa. Super. LEXIS 1961
CourtSuperior Court of Pennsylvania
DecidedJune 16, 1993
Docket1166
StatusPublished
Cited by7 cases

This text of 626 A.2d 608 (Naddeo v. Naddeo) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Naddeo v. Naddeo, 626 A.2d 608, 426 Pa. Super. 131, 1993 Pa. Super. LEXIS 1961 (Pa. Ct. App. 1993).

Opinions

JOHNSON, Judge:

In this appeal, we are asked to determine, for purposes of equitable distribution, the proper method of valuing a partnership interest in a viable law practice. Where the partnership was voluntarily dissolved after separation but prior to distribution, we determine that the partnership interest should be valued before the voluntary dissolution of the partnership. We reverse and remand.

Lois J. Naddeo (Wife) appeals from the orders of equitable distribution and alimony following the grant of a-divorce from James A. Naddeo (Husband) on February 5, 1992. The parties were married on January 28, 1966, and separated on February 28, 1991. By the time of the Master’s hearing on November 4, 1991, the two children born of their marriage, John Anthony Naddeo, and Janine Allison Naddeo, had achieved majority.

Husband, admitted to practice law in Pennsylvania in 1967, had been a partner in the law firm of Belin, Belin, and Naddeo in Clearfield, Pennsylvania, from January 1, 1973, until the partnership was dissolved on October 21, 1991. He earned approximately $150,000 per year during the five years prior to the separation.

After graduating from high school in 1962, Wife was employed in a clerical position in Washington, D.C. She was employed at the time the parties married, and for a brief [135]*135period of time after the parties returned to Pennsylvania. Since that time, Wife has been a homemaker, contributing to the marriage by running the household and raising the parties’ children.

The parties and their counsel stipulated to the value of all marital assets except two: the marital residence at 204 West First Street, Clearfield, Pennsylvania; and, Husband’s partnership interest in the law practice. The Master conducted a hearing on November 4, 1991, to determine the values of Husband’s partnership interest, the marital residence, the marital debts, and to take testimony regarding the question of Wife’s alimony.

The Master, in his recommendations, divided the marital property, awarded Wife alimony, and discussed but did not ascribe any value to Husband’s partnership interest in the law firm. Both parties filed exceptions to the Master’s report, which the trial court dismissed after issuing the divorce decree. The trial court adopted the Master’s recommendations in its equitable distribution of the marital property: Wife’s share was valued at $432,600, or 58%; Husband’s share was valued at $309,983, or 42%. Wife was also awarded alimony of $400 per month for four years. Both parties were deemed jointly responsible for a potential debt involving a lease agreement. Counsel fees and expenses were divided equally.

In this appeal, Wife raises three questions for our consideration. Wife claims that the trial court erred in: (1) accepting zero as the value of Husband’s interest in the law partnership when her expert testified that the value, based upon the partnership agreement, was $160,000; (2) distributing the marital property, 42% to Husband, 58% to Wife, and, (3) the amount and duration of the award of alimony.

Our standard of review in matters of equitable distribution is limited. We will not reverse the trial court absent an error of law or an abuse of discretion. Elhajj v. Elhajj, 413 Pa.Super. 578, 605 A.2d 1268 (1992). We have stated that:

[A]n abuse of discretion is not found lightly, but only upon a showing of clear and convincing evidence. Specifically, we [136]*136measure the circumstances of the case and the conclusions drawn therefrom by the trial court against the provision of 23 Pa.C.S.A. § 3502(a), and the avowed intentions of the Divorce Code, namely to “effectuate economic justice between [the] parties and insure a fair and just determination of their property rights.”

Butler v. Butler, 423 Pa.Super. 530, 537-538, 621 A.2d 659, 663-664 (1993) (alteration in original) (citations and footnote omitted). It is in light of this standard that we will now review Wife’s first and second claims.

First, Wife claims that the trial court erred in accepting a valuation of zero for Husband’s interest in the law partnership when her expert testified that the value, based upon the partnership agreement, was $160,000. Following our review of the record, we conclude that the trial court erred in valuing Husband’s partnership interest in the law firm at zero for purposes of equitable distribution.

A spouse’s partnership interest in a law partnership is marital property subject to equitable distribution. McCabe v. McCabe, 525 Pa. 25, 575 A.2d 87 (1990); Beasley v. Beasley, 359 Pa.Super. 20, 518 A.2d 545 (1986). Where the partner does not have the ability to sell, liquidate, or otherwise realize the value assigned to his interest, the valuation of a spouse’s partnership interest in a law firm is dictated by the partnership agreement. McCabe, 525 Pa. at 29-30, 575 A.2d at 88-89. See also Soloman v. Soloman, 531 Pa. 113, 124 n. 12, 611 A.2d 686, 691 n. 12 (1992).

Here, Husband was a partner in the law partnership of Belin, Belin, and Naddeo from January 1, 1973, until its dissolution on October 21, 1991. At the Master’s hearing, Wife presented Patrick J. Fiore, a Certified Public Accountant, as an expert in the valuation of businesses for purposes of equitable distribution. Fiore stated that, pursuant to the partnership agreement of January 1, 1973, and particularly paragraph 6, the value of Husband’s interest in the law partnership was $160,000.

[137]*137Husband testified that it was his decision to terminate the partnership. Husband stated that there were no partnership clients because each partner maintained his own clients. Upon dissolution, Husband and Belin, Jr., closed the books, performed an accounting, and took their respective clients. Husband testified the final accounting revealed his capital account had a net deficit of $27,797.28, and he executed an agreement to pay Belin, Jr., that amount.

Husband denied that there were any outstanding fees and/or accounts receivable due the partnership. Husband’s interpretation of the partnership agreement was that a payment to the withdrawing partner was required only if the non-withdrawing partner continued the partnership business. Husband testified that it was at his discretion, as the withdrawing partner, whether the partnership would continue after he withdrew from it, and depended upon a determination as to whether there was any value to be purchased. Husband said that the partners agreed that they had nothing to sell to each other.

In his recommendation for equitable distribution to the trial court, the Master failed to ascribe any value to Husband’s partnership interest in the law firm. Both parties took exceptions to the Master’s recommendations. Following argument on the exceptions, the trial court dismissed all exceptions and adopted the Master’s recommendations. See Order on Exceptions to Master’s Report and Decree Distributing Marital Assets, July 2, 1992, Snyder, S.J.

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Naddeo v. Naddeo
626 A.2d 608 (Superior Court of Pennsylvania, 1993)

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Bluebook (online)
626 A.2d 608, 426 Pa. Super. 131, 1993 Pa. Super. LEXIS 1961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naddeo-v-naddeo-pasuperct-1993.