Goodwin v. Goodwin ( 2016 )

Cite as 2016 Ark. App. 585
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-16-192
RYAN GOODWIN Opinion Delivered: December 7, 2016
APPELLANT
APPEAL FROM THE SEBASTIAN
COUNTY CIRCUIT COURT,
V. FORT SMITH DISTRICT
[NO. DR-2012-1040 (II)]
STEPHANIE GOODWIN
APPELLEE HONORABLE ANNIE POWELL
HENDRICKS, JUDGE
AFFIRMED
RAYMOND R. ABRAMSON, Judge
Ryan Goodwin appeals a Sebastian County Circuit Court order holding him in civil
contempt and directing him to pay $45,007.96 to his former wife, Stephanie Goodwin. On
appeal, Ryan argues that (1) the circuit court erred in ordering him to pay Stephanie
$45,007.96 because the court had no authority under Arkansas Rule of Civil Procedure
60(c) to modify the division of property from the divorce decree more than ninety days
after its entry and (2) the circuit court’s finding that he failed to distribute to Stephanie her
equal share of the parties’ gold-coin collection was against the preponderance of the
evidence. We affirm.
Ryan and Stephanie married on December 18, 2004. During their marriage, they
acquired a gold-coin collection. The parties separated on September 12, 2012, and on
November 20, 2012, Stephanie filed a complaint for divorce.
Cite as 2016 Ark. App. 585
On November 21, 2013, the parties held depositions. Ryan testified that, “To my
knowledge, there are currently 30 coins,” and he agreed that they should be divided equally
between him and Stephanie. On April 29, 2014, on agreement of the parties, the circuit
court entered a divorce decree, which provided, in part, that the parties “shall . . . divide
the gold coins equally.”
On May 14, 2015, Stephanie filed motions to modify the decree and for contempt.
She alleged that following the entry of the divorce decree, she discovered that Ryan had
transferred or sold several coins, which resulted in an unequal division of the coins. She
asked the court to order Ryan to transfer 69 gold coins to her.
On October 19, 2015, the court held a hearing on Stephanie’s motions. Stephanie
testified that during their marriage, she and Ryan acquired 162 gold coins. Specifically, she
testified that they bought 50 Saint Gauden coins, 100 Liberty coins, one Trade Dollar coin,
and a set of 11 coins for their children. She stated that during their marriage, they sold
between 12 and 16 of the 162 coins; thus, she believed they had between 135 and 139 coins
remaining at the time they separated and at the time she filed her divorce complaint.
Stephanie explained that when they separated, Ryan changed the combination to the safe
where they kept the coins and gave her only 28 or 29 coins.
During her testimony, Stephanie introduced into evidence four exhibits
documenting the purchase and sale of the coins. Exhibit one is an invoice from Swiss
America Trading Corp. (“Swiss America”) dated March 28, 2007, which shows that
Stephanie and Ryan bought 161 coins totaling $194,745. Exhibit two is a spreadsheet report
that Stephanie created that shows the number of coins that she and Ryan bought and sold
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Cite as 2016 Ark. App. 585
during the marriage. The report indicates that between December 27, 2011, and August 15,
2012, she and Ryan sold between 12 and 16 of the 162 coins. The report shows that
Stephanie and Ryan sold the coins for $21,286, but it does not show the number of coins
actually sold. Exhibit three is a December 19, 2011 receipt from Swiss America that shows
that they sold six Liberty coins. Exhibit four is a portfolio from Swiss America that shows
that on July 18, 2007, Stephanie and Ryan purchased a Trade Dollar coin.
Ryan testified that he did not know how many coins he and Stephanie owned at the
time they separated but guessed around 70 coins. He explained that during the marriage, he
sold around 70 coins at gun shows and coin shows without Stephanie’s knowledge.
However, he offered no evidence of proceeds from those sales. He stated that when
Stephanie filed for a divorce, he moved the remaining coins from their safe and safe-deposit
box to his family’s and friends’ houses. Ryan denied withholding any coins. He stated that
he gave Stephanie half of the coins they owned at the time of their separation and that
Stephanie never complained to him about the number she received until she filed the
current motions.
Following Ryan’s testimony, Stephanie’s attorney recalled Stephanie. She testified
that on December 19, 2014, she informed Ryan that she believed he had withheld coins
and then repeatedly requested him to distribute her share. She had no knowledge that Ryan
had sold additional coins outside of Swiss America and pointed out that they should have
had substantial cash deposits after the sales, which they did not.
Following the hearing, on November 6, 2015, the court entered an order holding
Ryan in civil contempt and directing him to pay Stephanie $45,007.96. The court found
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Cite as 2016 Ark. App. 585
that the parties possessed 129 coins at the time of their separation, not including the
children’s coins, and that Ryan failed to distribute half of the coins to Stephanie as provided
in their divorce decree. The court found that Stephanie had received only 29 coins and that
the $45,007.96 represented the value of the 35.5 remaining coins. 1 The court found
Stephanie’s “testimony . . . more credible than Ryan Goodwin’s testimony based on his
demeanor, varying accounts as to the number and whereabouts of the gold coins . . . and
contradictions with his November 2013 deposition.” The court also found that “the
documentary evidence support[ed] Stephanie Goodwin’s testimony and version of events.”
Following the entry of the court’s order, Ryan filed his notice of appeal.
Ryan first argues that the circuit court erred in ordering him to pay Stephanie
$45,007.96 because the court had no authority under Arkansas Rule of Civil Procedure
60(c) to modify the division of property from the divorce decree more than ninety days
after its entry. We find Ryan’s argument meritless. The court did not modify the decree;
rather, the court held Ryan in civil contempt for failing to distribute to Stephanie her equal
share of the gold coins as set forth in the decree. Accordingly, we reject Ryan’s argument.
Ryan next argues that the court’s finding that he failed to distribute to Stephanie her
equal share of the coins was against the preponderance of the evidence. He concedes that
the decree provided that the coins be divided equally and recognizes that he and Stephanie
acquired around 161 coins during their marriage, which included the children’s coins.
1
The court derived a per-coin average valuation of $1,267.83 based on the values
reflected in Stephanie’s documentary evidence.
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Cite as 2016 Ark. App. 585
However, he asserts that he sold “roughly 70” coins during the marriage and that Stephanie
received her share of the remaining coins at the time of their divorce.
We will not reverse a circuit court’s finding of civil contempt unless it is clearly
against the preponderance of the evidence. Williams v. Arnold, 2015 Ark. App. 715, 479
S.W.3d 56. A finding is clearly against the preponderance of the evidence if, although there
is evidence to support it, the reviewing court on the entire evidence is left with a firm
conviction that a mistake has been committed. Catt v. Catt, 2014 Ark. App. 616. In our
review, we defer to the superior position of the circuit judge to determine the credibility of
witnesses and the weight to be given their testimony. Russell v. Russell, 2013 Ark. 372, 430
S.W.3d 15.
We hold that the circuit court’s finding that Ryan failed to distribute to Stephanie
her equal share of the coins was not clearly against the preponderance of the evidence.
Stephanie presented evidence that she and Ryan acquired 162 coins during the marriage,
that 11 coins were for the children, and that they sold between 12 and 16 coins during the
marriage; yet, she received only 29 coins when they divorced. Ryan asserts that this evidence
is insufficient because the court erroneously ignored his testimony that he sold 70 additional
coins during the marriage. However, Ryan offered no evidence reflecting the sale of any
coins or the disposition of any proceeds, and the circuit court specifically found Stephanie’s
testimony more credible than Ryan’s testimony. Accordingly, we hold that the court’s
finding was not clearly against the preponderance of the evidence. 2
2
Ryan also argues that the court erred in determining the value of the coins because
the parties presented no evidence concerning their worth. However, Stephanie’s
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Cite as 2016 Ark. App. 585
Affirmed.
VAUGHT and BROWN, JJ., agree.
Gean, Gean & Gean, by: Roy Gean III, for appellant.
Kevin L. Hickey, for appellee.
documentary evidence showed the amounts for which they bought and sold coins, and the
court specifically stated in its order that it based its valuation on that evidence.
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