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Show PAGE SIX TUESDAY, MAY 28, 1974 INTERM OUNTAIN COMMERCIAL RECORD In The Supreme Court Of The State Of Utah ICont'd. fnimPag5) that he utilised in hii extensive ranching operations. Initially the trial court awarded plaintiff a one half interest in these businesses which she would hold as a tenant In common with defendant, Defendant objected vigorously to this disposition, and a new hearing was granted. The trial court found that the gas company was of the value of $80, 000, and the appliance store, farm equipment company, and all other assets except the horses and two paintings were of the value of $15, 000. The court awarded this property to defendant subject to his paying $47, 500 to plaintiff. In dividing the other assets of the parties, defendant was awarded assets equivalent in. value to the $50, 000 that he owned at the time of the marriage. Of the remaining assets, defendant was awarded property which exceeded in value by $19,850 the property awarded to plaintiff. The trial court found that defendant owed plaintiff $67, 350 and ordered that this sum be paid at the rate of $750 pier month, together with Interest at 5 per annum. Plaintiff was granted a lien on all of the tangible property of the gas company in the form of a real estate mortgage, which she could foreclose if defendant became delinquent beyond six months in his payments. Of the extensive properties utilized by the parties in their ranching operations, plaintiff was awarded the Brush Creek Ranch, and 834 acres of the Diamond Mountain Ranch with the house situated thereon, and the acreage adjoining the family home. Defendant was awarded 1834 acres of the Diamond, Mountain Ranch, and all of the livestock and vehicles. Defendant objected, claiming that this disposition interfered with his ranching operations. As a compromise, the trial court granted defendant an option to purchase plaintiff's property in the Brush Creek and Diamond Mountain Ranches. Defendant had this option until the decree of divorce was absolute. The sale price was $87,000; the terms were $7, 000 down payment with the balance payable at the rate of $10,000 per year and 6 interest per annum; To secure payment, plaintiff was to be given a mortgage on all of the ranch property including the ' Diamond Mountain property distributed to defendant. 4. Weaver v. Weaver, 21 Utah 2d 166, 442 P. 2d 928 (1968). 5. Wilson v. Wilson, note 2, supra. 6. Slaughter v. Slaughter, 18 Utah 2d 274, 421 P,2d 503 (1966); Sorensen v. Sorensen, 14 Utah 2d 24, 376 P. 2d 547 (1963). Bankruptcies Business Telephones 486-29- RULE C0NSTRUC GOLDEN 14 TI0N 1777 rbsecrest 3470 S. 3030 MODELS 52274 Dr. HOBBIES GRANGER 966-17- 52 Technician; Liab Z2,rd?h Assets $26,683; Exempt 348 & W. Orngr LOUS MECCA OFMULTI COLORS 3986 S. 300 W. 91 P0XP0INT CONSTRUCTION 262-95- The parties live in a small town, and to preserve the reputation of the a family minimum amount of the evidence concerning the grounds for the divorce was included; however, the record indicates that this action was precipitated when plaintiff demanded that defendant choose between her and defendant's girl friend, and he preferred the latter. In Wilson v. Wilson this court stated that although no firm rule can be uniformly applied in all divorce cases, and each must be determined upon the basis of the facts, the court may consider the relative loyalty or disloyalty of the parties to their marriage vows, end their relative guilt or innocence in causing the breakup of the marriage. On appeal, defendant contends that the distribution was inequitable and and merely because plaintiff was his wife, she was not entitled to one unjust half of the assets accumulated during the marriage. Defendant emphasizes that it was his business ability, organization, and management which created his business empire and that plaintiff had no business acumen. Defendant urges 2. 5 Utah 2d 79, 82, 296 P. 2d 977 (19561. that this court in the alternative grant a new trial or redistribute the property in an equitable manner. He suggests that an equitable distribution would be an award to him of all of the businesses and the ranching property including the acreage adjoining the family home. In lieu of the interest in the aforementioned properties granted to plaintiff, she should be awarded $650 per month permanent alimony. Through numerous hearings and communications with the parties over a period of two years, the trial court attempted to accommodate the parties and provide for an equitable distribution. Defendant objected to any plan of distribution in which any valuable asset was awarded to plaintiff. Defendant presented evidence to establish the strong interrelationships among his numerous business ventures, although a review of this evidence does not support his assertion. The trial court found that an award of permanent alimony was not in plaintiff's best interest, and the only alternative to accommodate both parties was a decree providing a means whereby defendant could purchase plaintiff's interests. Although it is both the duty and prerogative of this court in a case of equity to review the facts as well as the law. Article VIII, Section 9, Constitution of Utah, the trial judge has considerable lititude of discretion in adjusting the financial and property interests in a divorce case. The actions of the trial court are indulged with a presumption of validity, and the burden is upon appellant to prove such a serious inequity as to manifest a clear abuse of discretion. There is no fixed rule or formula for the U. C.A. 1953, provides that when a 5, division of property; Section decree of divorce is made the court may make such orders in relation to 4 property as may be equitable. The trial court has a responsibility to endeavor to provide a just and equitable adjustment of their economic resources so that the parties might reconstruct their lives on a happy and 30-3-- of the property has permitted defendant to retain control of his substantial interests, which the evidence Indicates he manipulates in a manner to maximize his financial remuneration. Under such circumstances this court is not persuaded that the trial court has abused the broad discretion which is reposed in him in such matters. The judgment of the trial court is affirmed, Costs are awarded to plaintiff. 3. Humphreys v. Humphreys, Utah 2d , 520 P. 2d (1974); Harding v. Harding, 26 Utah 2d 277, 488 P. 2d 308 (1971). 433 - Johnson, Sheila 416 - 417 Box 51774 - Danvers, Byron Lee , 179 E. Gordon Lane, Murray - Santistevan, Jasper '407 Section (Dee Hardy) Liab $5,014.00 Assets none; Exempt none 408 Sunset. Utah; laborer' (unemp) Liab $4,707.22 - Shrodes, Janice Ruth aka Janice Ruth Shrodes 2046 Robins, Ogden Assets $70; Exempt $50 51674 . 2176 Atkin Avenue Insurance Adjuster (unemp) Liab $2,023.82 52074 Assets $395; Exempt $359 - Velasquez, Jose Frutoso aka Joe Velasquez dba Joe's Barber Shop co Wheel Trailer Park Mountain Green, Morgan, Ut. Barber Shop, terminated April 21, 1974 Liab. $33,332,395 Assets $5,931.00; Exempt $775; 52074 - Sanders, Lonnie 420 182 West 5000 South Ogden, Utah, Rsmp Operator 51674 Emerson, William Holland II, 1482 South 16th East Mail Clerk (Blue Cross Shield; Liab $10,956.81 Assets $123; Exempt $50 - 412 Exempt $575; Ogden Migrant Aide (Utah Migrant Council): Liab $2,781.83 Assets $30; Exempt $30; 425 52074 - Olsen, Ralph J. 8160 South 1330 East, Sandy Cab Driver (Ute Cab) Liab $28,118; Assets; - Murphey, Ruth - Johnson, Ronnie Paul Grant sville Lab. Technician' (Nat'l Box 216, ' Industries; Liab. $6,539.87; Assets $3,012 Lead Exempt none 51774 Water Service Glenn Johnson Lanark Rd. i(6S3 Kirk Goodfellow 13th East 1536 So. G. Edward 1038 So. Dixon 13th East 52074 Margaret Bollschweiler 1250 Ridgedale Lane Coal' Miner ( U. S. Fuel, Hiawatha, Utah) Liab. $9503.96; Assets $2,330 Richard Exempt none - Fokkema, 772 Belmont, Tim - Ellington, Willie 357 Couth 1st West, Price, 426 52174 Franklin Winston Stone Setter Tanner); Liab $30,647.71; Assets $1,280.30 ' Exempt $265; 52174 428 - Smith, Otto Jay (0. C. 1912 Lake Street Warehouseman, (Amfac Drug Supply) Liab $9,158.04 Assets $l,06l ; Exempt $180 429 52174 - faith, Kathie Alice 1912 Lake Street Nurses Aide (U of - Keele, Danny Alexander East 4460 South, Unit 8 Murray,Utah, Mechanic (Larsen Ford); Liab $27,256.36; Assets $24,674 Exempt $5,560; 522, 431 - Keele, Sandra Lee 5333 South 5th West Murray,Utah; Eligibility 1175 Robins Cutler Road Black 953 Virgil Merrill Princeton 920 South 9th South Walker Bank & Trust South Main 175 Stephen E. Chilton East 3900 South 3230 Lida M. Smith 18m South 9th East .. . Wilson 633 Kensington Ave. Thomas 52171 245 G. Ave. U Med. Center); Liab; $9,158.04 Assets $1,061; Exempt $180 430 4 Rd 51674 415 $24,281.00; Exempt $3,965 427 Groom Clerk (National Filer Media Corpn) Liab $11,478 Assets $795; Exempt none - Lange, James Leroy Sacramento, Calif. Electro Servo Tech (Dept of Air Force); Liab $25,448.70 ' Assets $2,444; Exempt $8,293; 52074 424 - Jensen, Boyd Gale 1039 East 7200 South, Hidvale,Utah Insurance Adjuster (Farm Bureau Ins. ) Liab $3,280.00 ' . 52074 3700 Morse Ave, Lot 3, Blip) 4l4'- - Midvag, George 705 South Redwood Assets $801; Exempt $466 423 158,Holden Cutter (Self P. 0. Box 158,Holden,Ut. Housewife; Liab $72,639.62 Assets $1,955; Exempt $1,345; 51674 52074 Street, K. 51674 413 - Lopez, Millie Valencia 658 23rd Box Liab $72,639.62: Assets $1,955 Exempt $1,345; - Whitaker Dallas 422 Murphey, Donald Meat 52074 802 South 150 West, Tremonton,Utah, Sheep sheering (Unemp); Liab. $20,140.35; Assets $1,115 l674 P. 0. Exempt $190; Exempt $190 ' -- J11" (National Distribution 421 51674 - Hales, Gary Wayne '1384 South. 945 East Warehouse Mgr. (General Tire Co) Liab $11,394.59 Assets $115; Exempt $115 410 . System, Clearfield); Liab. $10,239.78; Assets $193 - Allen, Arline Higgs 409 Inn) Liab $19,867.29;Assets $19,630.00; Exempt $280; 419 h - Bybee, Neldon Ray 1003 Jfcrth 450 West, 52074 Ankrum, Laborer-Uta- Railway, Martin Utah; Liab $6218.70; Assets $905; Exempt $500; 515 ' City,Utah; dairy farmhand 418 R. 4l Uintah Street, Helper . Evans, David ELLifl 151, Route l,Brigham Exempt 52274 Ray 216, Grant sville, housewife; Liab $6,539-9- 7 Assets $3, 012. 50; Exempt Box none $67,83.8; Truck Driver (Reynolds Bros); Liab $2,865.71 Assets $540; Exempt $372. Bankruptcies useful basis. 5 A review of the record in the instant case clearly indicates that th trial court has given conscientious and judicious consideration to the appropriate factors which should be reviewed in such situations. The distribution listing, Liab $7,705; 52274 Assets $36,958.63; 4100 S. 500 E. CO. Cocktail waitress (Holiday) Defendant was further awarded a large motel complex, which included a cafe, a commercial building, and two residences. Plaintiff was awarded the family home and furnishings and the adjoining acreage except for 2. 38 acres situated near the gas company. She received two rental units valued at $28,500, the Westerner Cocktail Lounge valued at $16,000, and several pieces of real property totaling $26, 300 in value. She was also awarded her personal belongings, an automobile, five horses registered in her name, and a small picture of a deceased horse beloved by the family. Defendant was awarded all of the other horses and the large picture of the family horse. The decree further provided that in the event of any taxes based on the distribution ordered therein, the parties were to be equally responsible, except if defendant exercised the option to purchase the ranches, he alone would pay these taxes. Occupation-n- o HONDO JOHNS MIRACIJ 266-06-42 - Cluff, Verne B. 340 East Canyon Road, Fi 432 Guadalupe Center 346 West 1st South Robert Minshew Walker Lane 5012 S. Tim Kimbrough 1057 Fuller E. Ave, LI Keith snell Grace |