Conits v. Conits
Conits v. Conits
Opinion
Spiro E. Conits filed a petition for a writ of certiorari to review the decision of the court of appeals in
Conits v. Conits,
Peggy D. Conits and her husband Spiro litigated many issues in their divorce action in family court, but we address only one - the size and value of a farm Spiro owns in Greece. Spiro appealed the family court's ruling on this issue, but the court of appeals found the issue was not preserved for appellate review. The court of appeals understood Spiro to argue on appeal the farm "does not exist," but that at trial he "made no arguments as to the existence of the ... farm."
The facts of this case are set forth in detail in the court of appeals' opinion.
On appeal to the court of appeals, Spiro admitted he owns a three-acre farm in Greece and claimed he does not own a thirty-acre farm. Appellant's Br. 12. Spiro argued in his brief to the court of appeals,
At trial, [Spiro] clarified and corrected his ownership in the various properties in Greece and confirmed his ownership in a three-acre ... farm as opposed to a thirty-acre farm. He testified at trial that he only owns three acres in Greece. [Spiro] simply does not own a thirty-acre farm in Greece.
The words Spiro used to make his argument concerning the size and value of the farm in Greece changed from the family court to his Rule 59(e) motion to his brief at the court of appeals. In fact, Spiro confused the true issue when he described it in his brief to the court of appeals as, "Should the Family Court Include in the Marital Estate an Asset That Does Not Even Exist," and repeatedly and emphatically argued that "no such asset even exists." Considering Spiro's arguments practically, however, we clearly see that his argument was the same at each stage of these proceedings - he does not own a thirty-acre farm in Greece; he owns a three-acre farm; and it is not worth anything near what Peggy claims or the family court found.
See Herron v. Century BMW,
The issue raised at the court of appeals is precisely the same one Spiro raised to the family court at trial and in his Rule 59(e) motion. The family court ruled on the issue, and thus it is preserved.
See Herron,
Accordingly, we REVERSE the court of appeals' ruling that the issue concerning the size and value of the farm in Greece is not preserved for appellate review. We REMAND to the court of appeals to rule on the merits of the issue and to consider any other issues that arise as a result of its ruling.
BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.
Reference
- Full Case Name
- Peggy D. CONITS, Respondent, v. Spiro E. CONITS, Petitioner.
- Status
- Published