Fexa v. Fexa ( 1990 )

OLSZEWSKI, Judge,

concurring and dissenting:

I respectfully concur in nearly all aspects of the majority’s disposition of appellant’s claims. I must, however, dissent from that portion of the opinion which remands this case for a determination of the value of the goodwill of appellee’s dental practice. On this point, I find nothing present in the facts herein which would warrant distinguishing this case from our decisions in DeMasi v. DeMasi, 366 Pa.Super. 19, 530 A.2d 871 (1987), and Beasley v. Beasley, 359 Pa.Super. 20, 518 A.2d 545 (1986). To the contrary, as in DeMasi and Beasley, I would hold that the value of the goodwill in this case is dependent in large part on the unique talents of Dr. Fexa himself and, as such, could not be transferred upon a sale of his interest. Accordingly, I would affirm that portion of the trial court’s equitable distribution order which excluded goodwill from the valuation of appellee’s dental practice.