Stacey Lynn Cammenga v. Michael Philip Cammenga

CourtMichigan Court of Appeals
DecidedApril 25, 2024
Docket358463
StatusUnpublished

This text of Stacey Lynn Cammenga v. Michael Philip Cammenga (Stacey Lynn Cammenga v. Michael Philip Cammenga) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stacey Lynn Cammenga v. Michael Philip Cammenga, (Mich. Ct. App. 2024).

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

STACEY LYNN CAMMENGA, also known as UNPUBLISHED STACEY LYNN TIMMER, April 25, 2024

Plaintiff/Counterdefendant- Appellee/Cross-Appellant,

v No. 358463 Barry Circuit Court MICHAEL PHILIP CAMMENGA, LC No. 2020-000233-DO

Defendant/Counterplaintiff- Appellant/Cross-Appellee.

AFTER REMAND

Before: M. J. KELLY, P.J., and JANSEN and CAMERON, JJ.

PER CURIAM.

This divorce litigation between plaintiff/counterdefendant, Stacey Cammenga, and defendant/counterplaintiff, Michael Cammenga, returns to this Court after a remand to the trial court to make necessary factual findings related to the value of a tax loss carryforward, to alleged violations of a status quo order, and to the court’s decision to award attorney fees to Stacey. For the reasons stated in this opinion, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I. BASIC FACTS

The facts are set forth in our prior opinion:

The parties married in October 1992 and have two adult children. During the marriage, Michael worked at various jobs in the paper industry. The parties lived in several states during the marriage, and Michael sometimes lived separately from Stacey and the children. Michael was the primary breadwinner, whereas Stacey was primarily responsible for the home and childrearing. In 2018, Michael started a business, Cammenga Investments, LLC, which he used—in partnership

-1- with other entities that he had an interest in—to purchase a papermill. In March 2020, after discovering that Michael was having an affair with an employee of the papermill, Stacey filed a complaint for divorce. Michael filed a counterclaim for divorce.

The divorce was contentiously litigated. Relevant to the issues raised on appeal, the trial court entered a status quo order that limited the parties’ spending to their past practices and prohibited Michael from spending money on the woman identified as his mistress. Both parties presented evidence indicating that the other had violated the status quo order, and the trial court eventually determined that their spending in violation of the order resulted in a “wash” so there was no need to credit either party for the other’s improper spending. There was also extensive pretrial litigation related to Michael’s untimely and incomplete responses to discovery requests. The court ultimately sanctioned Michael by prohibiting the use of documentation that he had not provided to Stacey. Additionally, after the court ordered Michael to pay temporary spousal support, he moved to modify the amount owed based on a purported decrease in his monthly income from $10,000 to $2,500. The trial court denied his request after determining that Michael lied about the decrease in his income.

Following a three-day bench trial, the court placed detailed findings on the record addressing numerous issues related to the parties’ assets, the division of the martial [sic] estate, spousal support, and Stacey’s requests for attorney fees. Thereafter, in response to motions for reconsideration and clarification, the court placed additional findings on the record. [Cammenga v Cammenga, unpublished per curiam opinion of the Court of Appeals, issued March 23, 2023 (Docket No. 358463), pp 1-2.]

In the prior appeal, we determined that the trial court had correctly found that a $2,255,757 tax loss carryforward was a marital asset, but that the trial court had erred by assigning it no value. Id. at 8-9. For that reason, we remanded with directions for the trial court to, “on the existing record, determine the value of the carryforward and readjust the property division to compensate Stacey accordingly.” Id. at 9. Next, although we affirmed the trial court’s finding that Michael had improperly spent money on his mistress in violation of the status quo order, we noted that the trial court had failed to make findings as to whether certain of Stacey’s expenditures violated the status quo order. Id. at 12-13. As a result, we remanded to the trial court to determine “on the existing record” whether Stacey dissipated assets or violated the status quo order or both. Id. at 13. Finally, we found that additional findings were necessary with regard to whether the trial court properly awarded Stacey $20,000 in attorney fees. We concluded that the trial court had failed to make findings as to whether Stacey was entitled to need-based attorney fees under MCR 3.206(D)(2)(a). Further, we explained that, although the court properly found that attorney fees were warranted under MCR 3.206(D)(2)(b) as a result of Michael’s obstructionist behavior during discovery, the trial court failed to make findings as to the amount of attorney fees and expenses that were incurred as a result of Michael’s bad behavior. Id. at 17-18. Finally, we noted that the court also failed to make any findings as to the reasonableness of the attorney fees requested. Id. at 18. We directed the trial court to make the requisite findings on remand. Id. at 18.

-2- The trial court held two hearings on remand and made some of the necessary factual findings. At the end of the first hearing, the court accepted a stipulation by the parties to reopen the proofs to allow expert testimony on the value of the tax loss carryforward. However, the court subsequently reconsidered its decision to reopen the proofs and determined that, in accordance with this Court’s order, it would not be appropriate. Thus, the court stated that it would make its findings based upon the existing record. The court made the remaining factual findings at the second hearing. It then entered an amended order distributing the parties’ property. This appeal follows.

II. TAX LOSS CARRYFORWARD

A. STANDARD OF REVIEW

A trial court’s valuation of marital assets is reviewed for clear error. Draggoo v Draggoo, 223 Mich App 415, 429; 566 NW2d 642 (1997). “A finding is clearly erroneous if, after a review of the entire record, the reviewing court is left with the definite and firm conviction that a mistake has been made.” Id.

B. ANALYSIS

1. STIPULATION TO REOPEN THE PROOFS

Michael first argues that the trial court erred by setting aside the parties’ stipulation to reopen the proofs. We disagree. “It is the duty of the lower court or tribunal, on remand, to comply strictly with the mandate of the appellate court.” K & K Constr, Inc v Dep’t of Environmental Quality, 267 Mich App 523, 544-545; 705 NW2d 365 (2005) (quotation marks and citation omitted). Thus, “when an appellate court gives clear instructions in its remand order, it is improper for a lower court to exceed the scope of the order.” Id. at 544. Accordingly, the trial court did not err by adhering to clear directive that the valuation of the tax loss carryforward be determined based upon the existing record.

2. EXPANSION OF THE RECORD ON APPEAL

At trial, Michael did not present any evidence as to the value of the tax loss carryforward. He attempts to do so on appeal by presenting documentary evidence from a certified public account, who opined that Michael improperly prepared his prior tax records and that the actual value of the tax loss carryforward is $161,965. However, the proceedings on remand were limited to the existing record. Further, Michael has not sought leave to expand the record on appeal to include the new documentary evidence. See Killmer v Sabourin, 499 Mich 852, 852; 873 NW2d 314 (2016) (A party may not “expand the record without first having moved to do so.”). We, therefore, decline to consider it.1

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Stacey Lynn Cammenga v. Michael Philip Cammenga, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stacey-lynn-cammenga-v-michael-philip-cammenga-michctapp-2024.