Clark v. Szegedy , 2012 MT 216N ( 2012 )


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  •                                                                                           October 2 2012
    DA 12-0229
    IN THE SUPREME COURT OF THE STATE OF MONTANA
    2012 MT 216N
    JOHN W. CLARK,
    Plaintiff and Appellant,
    v.
    DANA SZEGEDY,
    Defendant and Appellee.
    APPEAL FROM:            District Court of the Tenth Judicial District,
    In and For the County of Fergus, Cause No. DV-11-41
    Honorable E. Wayne Phillips, Presiding Judge
    COUNSEL OF RECORD:
    For Appellant:
    Craig R. Buehler, Attorney at Law, Lewistown, Montana
    For Appellee:
    Robert E. LaFountain, Attorney at Law, Billings, Montana
    Submitted on Briefs: September 12, 2012
    Decided: October 2, 2012
    Filed:
    __________________________________________
    Clerk
    Justice Patricia O. Cotter delivered the Opinion of the Court.
    ¶1     Pursuant to Section I, Paragraph 3(d), Montana Supreme Court Internal Operating
    Rules, this case is decided by memorandum opinion and shall not be cited and does not
    serve as precedent. Its case title, cause number, and disposition shall be included in this
    Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
    Reports.
    ¶2     John Clark appeals the Tenth Judicial District Court’s division of assets between
    him and his former live-in girlfriend, Dana Szegedy. We affirm.
    FACTUAL AND PROCEDURAL BACKGROUND
    ¶3     Dana Szegedy and John Clark began living together as an unmarried couple in
    August 2008 in Grass Range, Montana. They both performed many of the ranch and
    farm duties associated with Joe Delaney’s ranch where John worked before meeting
    Dana. Such duties included but were not limited to moving cows, vaccinating cattle,
    feeding herds, fencing, calving, and branding. Additionally, Dana trained horses. The
    couple kept some of their earnings in separate personal accounts but also co-mingled
    earnings in joint checking and savings accounts. After living together for more than two
    and one-half years, the couple experienced a bitter break-up in early April 2011 and
    disagreed on how to distribute their accumulated assets. John filed suit seeking return of
    many items he alleged Dana had wrongfully taken when she left.
    ¶4     In May 2011, the District Court conducted a hearing to address John’s request for
    a temporary restraining order (TRO) prohibiting Dana from removing any disputed items
    from Fergus County. Without the vehicle and horse trailer to which John claimed she
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    was not entitled, Dana could not move to Billings to work as a horse trainer. At this
    hearing, the court also addressed Dana’s motion for a TRO against John in which she
    requested that John be prohibited from disposing of her personal possessions and her
    share of jointly-owned possessions.
    ¶5     Both John and Dana testified at the hearing explaining the origin of and payment
    for some of the possessions accumulated during their relationship including vehicles,
    horses, stock trailers, and cash. The parties disagreed as to how much Dana contributed
    to the ranch work and whether the possessions were acquired primarily with John’s
    earnings. They each claimed to have paid joint expenses from their personal checking
    accounts both before and after their joint account had been established.
    ¶6     At the conclusion of the May show cause hearing, the District Court awarded
    Dana $4,000 cash, representing one-half of the balance of the joint bank account John
    had testified contained $8,000, and temporary use of the 2001 pickup truck the couple
    possessed. The court allowed Dana to take the truck to Billings for work purposes,
    pending trial on the division of assets. Both parties were instructed to return each other’s
    personal property, including property owned individually before their relationship began.
    ¶7     In October 2011, the court held a nonjury trial on the division of assets. The
    parties presented conflicting evidence about many of the disputed items. Before the court
    issued its order, John requested another hearing pertaining to the value of the 2001 truck
    the court had allowed Dana to use after the couple separated. The truck was being
    returned to John and the parties disputed the value and condition of the vehicle at that
    time. This hearing was held in February 2012.
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    ¶8     The District Court subsequently weighed the evidence, the credibility of the
    witnesses, and the needs of the parties and divided the assets in a manner allowing both
    parties to continue pursuing their individual livelihoods. John appeals, arguing that Dana
    unfairly received two-thirds of the joint assets.
    ISSUE
    ¶9     Did the District Court err in the distribution of property between the parties?
    STANDARD OF REVIEW
    ¶10    We review a district court’s findings of fact regarding an equitable division of
    assets to determine whether the findings are clearly erroneous. Findings are clearly
    erroneous if: (1) they are not supported by substantial evidence; (2) the district court
    misapprehended the effect of the evidence; or (3) the district court made a mistake. We
    review a district court’s conclusions of law to determine whether the conclusions are
    correct. If the findings are not clearly erroneous, then the court’s division of property
    will be affirmed unless there is an abuse of discretion. In re Caras, 
    2012 MT 25
    , ¶ 18,
    
    364 Mont. 32
    , 
    270 P.3d 48
    .
    DISCUSSION
    ¶11    John claims Dana received $31,000 of their assets, including:
    Titan stock trailer                        $12,000
    Horse named Badger                           6,000
    Horse named Cody                             5,000
    Two fillies                                  1,000
    Two horse blankets                             200
    Computer                                       600
    Round Pen                                    2,200
    Cash                                         4,000
    4
    He asserts the court awarded him the following, worth only $15,100:
    2001 pickup truck                         $3,000
    1993 pickup truck                           -0-
    Horse named Beaver                         6,000
    Horse named Cougar                         1,500
    Two horse blankets                           200
    Hay feeder                                   400
    Cash                                       4,000
    ¶12   As noted above, the District Court heard considerable evidence pertaining to how
    much damage the 2001 truck had received while the couple was together versus how
    much damage had occurred during the six months Dana had possession of it following
    the couple’s separation. John claimed the truck was worth only $2,500 to $3,000 when
    Dana returned it, and not $12,500, as Dana claimed in October 2011. The court received
    exhibits, however, that indicated the truck had a value between $6,950 and $12,860.
    While the court did not specify a precise value for the truck when it awarded it to John,
    the court did note that the majority of mileage and damage had occurred during the time
    the couple was together, i.e., before Dana’s October 2011 attributed value.
    ¶13   Additionally, John’s listed awarded assets did not include a horse named Trigger
    valued at $1,500 which John received in the distribution. More importantly, however, his
    list did not include a substantial amount of cash that had been in the couple’s joint
    account one week before the couple broke up. Dana testified that the joint account
    contained approximately $18,000 on April 1, 2011. The record reveals the account
    actually contained $18,636 on that date. Dana left without withdrawing any cash on
    April 7, 2011. By April 13, she claimed the account had an approximate $14,500
    balance, and by April 20, the account was closed.
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    ¶14    John, on the other hand, testified that at some point in April, he withdrew $5,000,
    leaving a balance of approximately $7,000 or $8,000 that he subsequently transferred to
    his personal account. The court ordered John to give $4,000 of this $8,000 balance to
    Dana. John then reported to the court that he only had $3,000 left in his account. The
    court, nonetheless, let the order of payment of $4,000 to Dana stand. It is apparent that
    there is a substantial disparity between the $18,636 balance seven days before Dana left
    and the balance in the account at the time it was closed. The court questioned both John
    and Dana about these funds, and while not expressly allocating those funds to John, the
    court did not require John to pay Dana any funds other than the $4,000 it had ordered
    paid to her at the TRO hearing. As a result, John may have received somewhat more
    cash than did Dana.
    ¶15    As we have stated previously, a court’s distribution of assets may be equitable
    without being equal. In re Marriage of Harris, 
    2006 MT 63
    , ¶ 17, 
    331 Mont. 368
    , 
    132 P.3d 502
     (citations omitted).    Moreover, it is the province of the district court to
    determine the credibility of the witnesses and the weight assigned to their respective
    testimony. We will not substitute our judgment for that of the district court on such
    matters. Hood v. Hood, 
    2012 MT 158
    , ¶ 42, 
    365 Mont. 442
    , 
    282 P.3d 671
    . We conclude
    that substantial evidence supports the court’s division of assets and that the distribution
    was equitable.
    ¶16    We have determined to decide this case pursuant to Section I, Paragraph 3(d) of
    our Internal Operating Rules, which provides for noncitable memorandum opinions. The
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    District Court’s findings of fact are supported by substantial evidence and the legal issues
    are controlled by settled Montana law, which the District Court correctly interpreted.
    ¶17    We affirm.
    /S/ PATRICIA COTTER
    We concur:
    /S/ MIKE McGRATH
    /S/ BRIAN MORRIS
    /S/ BETH BAKER
    /S/ JIM RICE
    7
    

Document Info

Docket Number: 12-0229

Citation Numbers: 2012 MT 216N

Filed Date: 10/2/2012

Precedential Status: Precedential

Modified Date: 10/30/2014