Robinson v. Robinson

2000 ME 101, 751 A.2d 457, 2000 Me. LEXIS 103
Supreme Judicial Court of Maine·Decided May 26, 2000·Published·Cited by 8 cases

Opinion

CLIFFORD, J.

[¶ 1] Pepper Robinson appeals from a divorce judgment entered in the Superior Court (Hancock County, Mead. J.). Pepper contends, inter aha, that the court erred (1) when it ordered a closely held corporation, Thistle Productions, Inc., incorporated in Arizona and owned by the parties, but not itself a party in the case, to pay spousal support to Curtis along with the costs of the divorce; (2) when it ordered that Pepper pay any support that Thistle Productions failed to pay; and (3) when it ordered that Curtis remain a fifty percent shareholder of Thistle Productions as security for payment of all sums due Curtis under the divorce judgment. Finding no error or abuse of discretion, we affirm the judgment.

[¶ 2] Pepper and Curtis were married on February 4, 1984. During the course of their marriage they had three children. After separating, Curtis moved from Arizona to Maine, and filed a complaint for divorce here on July 20,1995.

[¶ 3] The major marital asset was stock ownership in Thistle Productions, a closely held media production company organized under Arizona law and generally operated in Arizona. 1 From 1989 to 1995, both Pep *459 per and Curtis were employed full time by the corporation. Each owns a fifty percent interest in the corporation. The corporation had gross income of only $5,000 in 1984, and ‘grew rapidly, with $1,182,000 in gross receipts in 1995.

[¶ 4] The trial court noted that the Rob-insons had been using corporate funds to pay their personal expenses, and then debiting these expenses as salary against their respective accounts. In an interim order, the court determined that Pepper should remain in control of the corporation, and that the practice of using corporate funds should continue pending the divorce. The court ordered that each party receive one-third of the corporation’s net receipts. The remaining one-third of net receipts was ordered into an escrow account. Upon written agreement of both parties, the court authorized funds from this account being used to pay expenses related to the divorce and their children. The interim order also required that the corporation continue to pay the Robinsons’ respective personal expenses, allocating such payments as salary.

[¶ 5] In its final order, the court found that Pepper, as the party in control of Thistle Productions, had failed to comply with the interim order and ordered her to pay Curtis $249,000 in arrearage. The final order imposed no obligations on Thistle Productions.

[¶ 6] The court found that much of the corporation’s value derived from Pepper’s creative talents and Curtis’s managerial skill. Although the corporation was successful, the court found that it lacked liquidity. Based on income and salary figures, profit and loss statements, balance sheets, and expert appraisals, the court valued the corporation at $500,000. Because the effort of both parties was integral to the establishment and expansion of the corporation, the court determined that the value of the corporation should be divided equally. The court, therefore, ordered that Curtis be paid for his $250,000 share of the corporation. Because a single lump sum payment would “devastate” the corporation, the court ordered that Pepper pay $75,000 to Curtis every year until he was fully paid in full. In the interim, Curtis was to remain a fifty percent shareholder in the corporation.

[¶ 7] The court went on to provide for the division of other marital property, and in addition, entered several orders relating to custody of and visitation with the children, provisions that are not challenged in this appeal filed by Pepper.

I. JURISDICTION OVER THISTLE PRODUCTIONS

[¶ 8] Pepper contends that the court erred when it ordered that Thistle Productions make payments to Curtis because Thistle Productions was a separate legal entity that was neither a named party before the trial court nor otherwise a party over which that court could properly exercise jurisdiction.

[¶ 9] Generally, courts are afforded a very broad discretion when determining property division and alimony in divorce cases, and such determinations are reviewed for an abuse of that discretion. See Arey v. Arey, 651 A.2d 351, 353 (Me. 1994). “Absent a violation of some positive rule of law, we will overturn the trial court’s decision ‘only if it results in a plain and unmistakable injustice, so apparent that it is instantly visible without argument.’ ” Williams v. Williams, 645 A.2d 1118, 1123 (Me.1994) (quoting Anderson v. Anderson, 591 A.2d 872, 874 (Me.1991)).

[¶ 10] Pepper relies on our decision in Sweeney v. Sweeney, 534 A.2d 1290 (Me. 1987), to contend that because Thistle Productions is an Arizona corporation with no connection to Maine, the court had no jurisdiction over the corporation, and accordingly, had no authority to impose upon it an obligation of support for which Pepper is responsible. In Sweeney, the trial court had ruled upon the ownership of certain property pursuant to a divorce. See id. at 1292. The property at issue was in the *460 possession of the wife’s father, a Connecticut resident, who claimed ownership but was not a party in the case. See id. The trial court found that the property was owned by the couple’s minor daughter, also not a party. On appeal, we concluded that, because neither of the persons who claimed ownership were before the court, such a determination was improper. See id. Pepper contends that any distinct legal entity, such as Thistle Productions, must be a named party within a court’s jurisdiction before that court may make rulings concerning the entity. We disagree.

[¶ 11] Here, stock in Thistle Productions was the main source of marital wealth. The court had given Pepper exclusive control of the corporation. All business decisions were made by her. As such, Pepper alone is the real party-in-interest, and Thistle Productions was represented in all but name before the court. The trial court acted on the reasonable assumption that Thistle Productions and Pepper were essentially the same party. 2 Moreover, in its final order, the court made no attempt to impose any obligation on Thistle Productions.

II. VALUATION OF THISTLE PRODUCTIONS

Free access — add to your briefcase to read the full text and ask questions with AI

Robinson v. Robinson, 2000 ME 101, 751 A.2d 457, 2000 Me. LEXIS 103 (Me. 2000).

2000 ME 101 (Robinson v. Robinson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Tina M. Adams v. Michael A. Delong
Supreme Judicial Court of Maine, 2026
Candy A. (Bridges) Littell v. Cole G. Bridges
2023 ME 29 (Supreme Judicial Court of Maine, 2023)
Matthew W. Buck v. Lisa H. Buck
2015 ME 33 (Supreme Judicial Court of Maine, 2015)
Brown v. Habrle
2008 ME 17 (Supreme Judicial Court of Maine, 2008)
Lawrence v. Webber
2006 ME 36 (Supreme Judicial Court of Maine, 2006)
Murphy v. Murphy
2003 ME 17 (Supreme Judicial Court of Maine, 2003)
Dargie v. Dargie
2001 ME 127 (Supreme Judicial Court of Maine, 2001)
Kapler v. Kapler
2000 ME 131 (Supreme Judicial Court of Maine, 2000)