Axsom v. Axsom

CONOVER, Judge,

concurring in part and dissenting in part.

I respectfully dissent as to Issue III. When valuing property in a dissolution of marriage proceeding, the trial court has broad discretion. Neffle v. Neffle (1985), Ind.App., 483 N.E.2d 767, 770, reh. denied, trans. denied. We do not reweigh the evidence on appeal in such cases. Our only task is to determine if there is sufficient evidence to support the determination reached by the trial court. Here, it heard testimony from Mr. Charles, Laverne’s expert witness, valuing Harold’s business at $30,470.00. However, Laverne also presented an exhibit showing the estimated value of the business equipment to be $2,000. (R. 82). Further, the property had been leased to Harold by the I.U. Foundation with no right to renew it. (R. 175-176). After the presentation of all the evidence, the trial court determined the value of the business was $2,000, an amount within the range established by the evidence. Thus, the trial court’s determination is not clearly against the logic and effect of the facts and circumstances before the court. Porter v. Porter (1988), Ind.App., 526 N.E.2d 219, 226, reh. denied, trans. denied.

In Porter, the trial court included good will in its valuation of Dr. Porter’s medical practice. On appeal, the first district of this court concluded the good will value of the medical practice could be included in the marital estate, but did not hold good will must be included. I find no abuse of discretion and would uphold the trial court’s $2,000 valuation of Harold’s business.

In all other respects, I concur with the majority.