Gest v. Gest, Unpublished Decision (11-15-2000)
Gest v. Gest, Unpublished Decision (11-15-2000)
Opinion of the Court
DECISION AND JOURNAL ENTRY Dean Gest and Gest Farms appeal the order of the Lorain County Common Pleas Court, Domestic Relations Division, allocating certain property to plaintiff Rosa Gest as part of the divorce decree. This Court reverses.
After trial, the court granted a final decree of divorce and ordered Dean to pay to Rosa cash equal to: (1) one-half of Dean's interest in four parcels of real estate; (2) one-half of Dean's interest in Gest Farms; and (3) one-half of Dean's interest in machinery, equipment, and livestock used in the operation of Gest Farms. The trial court also designated Rosa as residential parent of the three children and ordered Dean: (1) to pay a $727 per month in child support; (2) to provide health insurance for the children; (3) to pay Rosa spousal support in the amount of $600 per month; and (4) to pay Rosa's legal fees in the amount of $15,400. Dean moved for a new trial. The trial court denied the motion.
Dean and Gest Farms appealed to this Court. In Gest v. Gest (Apr. 29, 1998), Lorain App. No. 96CA006580, unreported, this Court reversed in part, and remanded the case so that the trial court could conduct an appropriate valuation of Gest Farms and to consider the mandatory factors of R.C.
On remand, the trial court adopted the valuation of Gest Farms set forth by Howard Welty (an expert retained by Rosa) and found the equitable share due to Rosa was $75,331. The trial court also found Rosa entitled to $107,000 for her share of the value of three land parcels titled to Dean and Russell Gest and one titled to Dean and Bernetta (Dean's mother) Gest. To satisfy this latter amount, the trial court ordered that parcels 1, 2, 3, and 5 be liquidated by a court appointed receiver.
Dean Gest appealed, asserting two assignments of error. Gest Farms appealed separately, asserting two assignments of error. By order of this Court, the cases were consolidated for review.
APPELLANT GEST FARMS' FIRST ASSIGNMENT OF ERRORTHE TRIAL COURT ERRED IN ORDERING THE SALE OF REAL PROPERTY OWNED, IN PART, BY APPELLANT DEAN GEST.
THE TRIAL COURT ERRED IN ORDERING THE SALE OF REAL PROPERTY OWNED BY APPELLANT DEAN GEST AND THE NON-PARTY RUSSELL GEST.
The foregoing assignments of error are treated together as they raise similar issues of law and fact.
In their first assignments of error, appellants Dean Gest and Gest Farms claim that the trial court erred when it ordered land parcels 1, 2, 3, and 5 owned by the partnership Gest Farms to be liquidated as part of the division of marital property between Dean and Rosa. Specifically, they contend that the trial court failed to adequately consider R.C.
When granting a divorce a trial court must make an equal division of marital property unless an equal division would be inequitable. Getterv. Getter (1993),
When a trial court allocates marital property, the court must consider all relevant factors set forth in R.C.
The economic desirability of retaining intact an asset or an interest in an asset;
The tax consequences of the property division upon the respective awards to be made to each spouse
The costs of sale, if it is necessary that an asset be sold to effectuate an equitable distribution of property.
* * *
Any other factor that the court expressly finds to be relevant and equitable.
See, also, Krisher v. Krisher (1992),
On remand the trial court issued a new journal entry in an attempt to comply with this Court's previous decision. See Gest, supra. The trial court merely prefaced its allocation of marital assets with a passing citation to the factors in question, bereft of any analysis whatsoever.
This Court concludes that the trial court has failed to adequately apply R.C.
This Court is mindful of the inherent difficulty in allocating marital assets bound up in a myriad of convoluted forms, as in this case. However, in the complex case fealty to R.C.
Lastly, the trial court erred when it ordered the liquidation of land parcels 1, 2, 3, and 5 owned by Gest Farms, a partnership between Dean and Russell Gest. Russell Gest was not a party to Dean and Rosa's divorce proceedings. A partner may only possess partnership property for partnership purposes. R.C.
Appellants' first assignments of error are sustained.
APPELLANT DEAN GEST'S SECOND ASSIGNMENT OF ERROR
APPELLANT GEST FARMS' SECOND ASSIGNMENT OF ERRORTHE TRIAL COURT ERRED BY FAILING TO CONSIDER WHAT PORTION OF THE VALUE OF GEST FARMS IS A MARITAL ASSET.
THE TRIAL COURT ERRED BY FAILING TO CONSIDER WHAT PORTION OF THE VALUE OF GEST FARMS IS A MARITAL ASSET.
In appellants' second assignments of error they allege that the trial court erred when it failed to account for the portion of the partnership that was not a marital asset since it predated the marriage between Dean and Rosa. This Court agrees.
The trial court previously concluded, and this Court affirmed, the finding that land parcels 1, 2, 3, 4, and 5 held by Gest Farms were acquired during the marriage, and, therefore, are possibly subject to division as marital property. See Gest, supra.
However, the trial court never determined with precision what portion of the partnership predated Dean and Rosa's marriage, and, therefore, was not to be considered marital property subject to possible division. R.C.
Appellants' second assignment of error is sustained.
The Court finds that there were reasonable grounds for these appeals.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Lorain, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to appellee.
Exceptions.
___________________________ DONNA J. CARR
FOR THE COURT, BAIRD, P. J., SLABY, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.