28 Jan Theodore J. Chalupsky, Appellant, versus. Dobbs Brief Qualities, d/b/a pro Staff Personnel, Inc., Respondent
Appellant contends that the demonstration court's valuation from relationship property is actually clearly erroneous and this the new court abused the discretion in the awarding lawyer charges so you're able to respondent. I affirm partly, reverse in part, and you can remand for additional conclusions. Things
Respondent withdrew a maximum of $114,241
Appellant Robert S. Snyder and you may respondent Deborah D. Snyder partnered during the 1979. Inside 1988, the fresh activities ordered HKH Order Firm (HKH). Whenever acquired, HKH's property included a beneficial $1,450,000 home loan set-aside and you may good $130,000 thread set-aside; its debts incorporated over $step 3,000,000 from inside the deferred fees. The new Snyders used HKH since a holding business to track down numerous lodging, next utilized the hotels' expidited depreciation to help you offset HKH's taxation obligations. Each party in addition to owned an effective 50% display from TriStar Hospitality Government (TriStar), a new agency formed to incorporate management features to HKH's accommodations.
The new functions separated inside 1994, however, offered to keep its joint management of HKH and you will split just as one money off HKH and you may TriStar. Both sides then began, without any other people's studies, to help you withdraw money from HKH and its subsidiaries. Appellant withdrew a maximum of $215,244; he diverted a few of the finance towards the other individual companies (Alexandria Attributes, LLC, and you will Snyder & Partners, LLC) and loaned $70,000 of finance so you're able to Lorraine Lucas, having whom he stayed.
The new parties' marriage is actually demolished by the wisdom inserted into the December 20, 1996. TriStar's just left house, a delinquent $70,000 administration percentage due by HKH, was contingent into profitable solution off a few legal actions.
Once the over graph reveals, this new judge given HKH, its subsidiaries, and you may TriStar so you can respondent, crediting their which have acknowledgment away from an excellent $120,317 bad resource from the total property section.