Youngberg v. Youngberg

194 S.W.3d 886, 2006 Mo. App. LEXIS 977, 2006 WL 1788961
CourtMissouri Court of Appeals
DecidedJune 30, 2006
Docket26707
StatusPublished
Cited by14 cases

This text of 194 S.W.3d 886 (Youngberg v. Youngberg) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Youngberg v. Youngberg, 194 S.W.3d 886, 2006 Mo. App. LEXIS 977, 2006 WL 1788961 (Mo. Ct. App. 2006).

Opinion

PHILLIP R. GARRISON, Judge.

Debra Denise Youngberg (“Wife”) appeals from a judgment dissolving her marriage to Lynn Eugene Youngberg (“Husband”). Wife contends that the trial court erred in dividing the marital property and debts, denying her maintenance, failing to recuse itself because of an appearance of impropriety, and in determining the amount of child support to be paid because of an error in calculating Husband’s income.

*889 Husband and Wife were married on February 7, 1992. Two children were born of the marriage: Lynnsey Jean Youngberg, born November 4, 1998, and Jessica Lynn Youngberg, born March 2, 1997. Wife had lived on and operated a 160 acre farm, (“the property”) since 1982. 1 When Husband moved in with Wife he was self-employed in the business of “order buying,” which consisted of taking farm equipment orders from customers and purchasing the equipment at auctions and sales. In time, Husband’s business evolved from “order buying” into a salvage business (“the business”), which the parties ran on the property and which, within a couple of years after the marriage, took the place of the farming business as the parties’ primary source of income. Husband ran the business, while Wife assisted in loading and unloading the parts, answering the telephone, and helping customers.

The parties separated on or about February 19, 2003, and Wife filed her petition for dissolution of marriage on March 10, 2008. At the trial, the court received in evidence a report from Jerry Glor (“Glor”), appointed by it to appraise the business. He valued the real property at $240,000, the inventory at $211,846, and he also assigned a “business value” of $50,000 to the business. The trial court entered its judgment from which Wife brings this appeal. In its judgment, the trial court denied Wife maintenance, awarded her child support and divided the marital property and debts. In doing so it held:

[A]s set forth in [Husband’s] Exhibit 5 ... [Wife] is awarded $8,000 in personal property and [Husband] is awarded $491,725[] in marital real estate and personal property. 2 [Husband] is further ordered to pay the marital debts and accounts payable ... totaling $473,681. 3 Judgment is entered in favor of [Wife] and against [Husband] for one-half of the difference in the sum of $5,022[ ]. The Court further awards [Wife] judgment against [Husband] in the sum of $5,000[] so that she can update her motor vehicle.

We will affirm a trial court’s dissolution decree unless it is not supported by substantial evidence, is against the weight of the evidence, or it erroneously declared or applied the law. In re Marriage of Michel, 142 S.W.3d 912, 917 (Mo. App. S.D.2004). In conducting this review we view the evidence in the light most favorable to the decree. Id. at 918. Furthermore, we defer to the trial court regarding credibility determinations and assigning weight to witness testimony. Long v. Long, 135 S.W.3d 538, 542 (Mo. App. S.D.2004). The trial court is free to believe all, none, or part of the testimony of any witness. Id.

POINT I

Wife first argues that the trial court’s division of property was unjust in that (A) the court failed to place a value on the business other than for the inventory and real estate; (B) the inventory of the business was undervalued; (C) a debt attrib *890 uted to Husband was not legitimate or was overstated; (D) one debt, amounting to $16,000, was counted twice in Husband’s favor; and (E) these errors prejudiced Wife.

The trial court has broad discretion in identifying, assigning value to and dividing marital property. Long, 135 S.W.3d at 542. We will only disturb the court’s judgment if its decision “is so unduly weighted in favor of one party that it amounts to an abuse of discretion.” Id. An abuse of discretion only occurs when the judgment is “clearly against the logic of the circumstances and is so arbitrary and unreasonable as to shock one’s sense of justice and indicate a lack of careful consideration.” Id. (quoting In re Marriage of Holden, 81 S.W.3d 217, 225 (Mo. App. S.D.2002)).

Failure to Place a Value on the Business other than on the Inventory and Real Estate

Wife argues that the trial court erred in failing to include a $50,000 “business value” (or value of the business as a going concern) in its determination of the overall value of the business, because Glor’s appraisal included that amount. However, the trial court did not adopt the appraisal as a whole, rather it only discussed and adopted the appraisal regarding the value of the real estate and inventory. The trial court did not discuss “business value” in its judgment. We presume that the trial court “considered the relevant factors and evidence and determined the facts in accordance with the judgment.” Greiner v. Greiner, 146 S.W.3d 442, 452 (Mo.App. W.D.2004); see also Rule 73.01(c). 4

In this case, Husband testified about changes in the agricultural community and the diminished profitability of the salvage business.. He also discussed environmental problems caused by the storage of old farm equipment including oil and grease leaks as well as leaking batteries. The trial court could have concluded from this testimony that the business had no value outside of the real estate and inventory. An owner’s testimony is competent evidence of value. In re Marriage of Denton, 169 S.W.3d 604, 609 (Mo.App. S.D. 2005).

Wife argues that since Glor’s appraisal included a “business value” of $50,000, and the trial court used that appraisal’s valuations as to the real estate and the inventory of the business in its division of marital property, it should have also included the $50,000. Whether the business had any value outside the real estate and inventory is strictly a question of fact, depending largely upon the trial court’s view of the testimony, which it was free to believe in full, in part or not at all. Long, 135 S.W.3d at 542. As noted above, we defer to the trial court’s determinations as to witness credibility. Id. Therefore, this portion of Point I is denied.

Husband’s Debt to His Father

Both Husband and his father testified that Husband owed his father $104,186. There was also testimony that at one time the outstanding amount due on the loan was nearly double that amount, but Husband had been repaying his father over a period of years. In addition, Father kept detailed records of the debts Husband owed and the payments he had made, which were received in evidence. This was *891

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Bluebook (online)
194 S.W.3d 886, 2006 Mo. App. LEXIS 977, 2006 WL 1788961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/youngberg-v-youngberg-moctapp-2006.