Levy v. Levy
Levy v. Levy
Opinion of the Court
Respondent instituted this action seeking to have appellant held in contempt for failing to comply with the terms of the parties’ July 12, 1976 divorce decree as it concerned the sale of the parties’ former marital residence and distribution of the proceeds from that sale. Specifically, respondent contended that appellant had failed to pay her the full amount which she was due from the proceeds of that sale. Following a full hearing, the lower court awarded respondent the sum of $9,955.01, plus attorney’s fees. This appeal followed.
Appellant disputes the lower court’s treatment of two checks which respondent previously received as part payment of the purchase price for the parties’ former marital residence. One check was for $1,951.36, the other was for $2,829.62. For reasons not apparent in the record before this court, the lower court determined that respondent’s share should be reduced by one-half of the value of the two checks, or $2,390.49 ($1,951.36 + $2,829.62 = $4,780.98/ 2 = $2,390.49). The net effect of this procedure would require respondent to pay appellant one-half of the funds previously paid to her. This would be entirely correct as to the $1,951.36 which was not otherwise accounted for prior to that point. However, the funds represented by the $2,829.62 check were included by the lower court in determining that respondent’s share before adjustment was $17,906.86. Thus, when respondent physically received the check for $2,829.62, then received one-half credit for that amount again in the lower court’s accounting, she in effect received one and one-half times the amount of the check. When the lower court only reduced the amount remaining due to respondent from appellant by one-half the value of the check, the net effect was to leave the full amount with respondent.
We have considered the remaining questions raised by appellant and conclude that no error of law was committed and that they are without precedential value. Accordingly, they are dismissed pursuant to Rule 23 of the Rules of Practice of this Court.
As modified herein, the order of the lower court is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.