BRENDA STAINBACK CROWDER,
Plaintiff
v
.
Vance County
No. 95 CVD 749
ROBERT H. CROWDER,
Defendant
Kirk, Kirk, Howell, Cutler & Thomas, by C. Terrell Thomas,
Jr., for plaintiff-appellee.
Stainback & Satterwhite, by Paul J. Stainback, and McFarlane
Law Office, by Susan McFarlane, for defendant-appellant.
CALABRIA, Judge.
Robert H. Crowder (defendant) appeals from an amended order
filed 20 March 2002 entering an adjusted date of separation value
for Crowder Logging Company. We affirm the order of the trial
court.
This is the third appeal from disputes arising out of the
equitable distribution of the parties' marital estate. In Crowder
I, in an unpublished opinion, this Court remanded the case for
determination of: the net value of the total marital estate;
equitable distribution without consideration of the debt ratio of
Crowder Logging Company; and a reassessment of the parties' shares
of appreciation of the company. Crowder v. Crowder, 132 N.C. App.822, 519 S.E.2d 785 (1999). In Crowder II, in a published opinion,
this Court remanded solely for entry of an adjusted date of
separation value for the logging company, that does not include
deductions for sales commissions, income taxes, or wind up expenses
upon the future sale of the logging company. Crowder v. Crowder,
147 N.C. App. 677, 685, 556 S.E.2d 639, 644 (2001). Pursuant to
this directive, the trial court entered the 20 March 2002 order
valuing the company without consideration of the aforementioned
deductions. Defendant appeals.
Defendant asserts the trial court erred by failing to
reconsider the distribution of the marital estate due to the new
valuation of the logging company. Defendant argues the March 2002
order is inadequate because it fails to include findings of the net
value of the entire marital estate, and the July 2000 order for
unequal distribution of the estate is not supported by the
evidence. Defendant also asserts the trial court erred in failing
to reconsider the value of the logging company in light of its
inevitable sale. We find no merit to defendant's assertions and
affirm the order of the trial court.
As previously noted, in Crowder II this Court remanded the
case solely for entry of an adjusted date of separation value of
the logging company. Id. The trial court properly limited its
review to this issue and provided that all other provisions of the
prior Order in this case, not inconsistent with this Order, shall
remain in full force and effect. A reconsideration of the
distribution of the marital estate or the sufficiency of thefindings of fact, as urged by defendant, would be contrary to this
Court's directive in Crowder II. The trial court likewise properly
abstained from considering the sale of the company in determining
the value of the logging company since in Crowder II this Court
determined the sale of the logging company [i]s a hypothetical
future event which could not be considered in determining the
value of the company. Id., 147 N.C. App. at 684, 556 S.E.2d at
644. Accordingly, the trial court complied with this Court's
instructions to consider only the value of the logging company, and
not improper deductions or additional issues.
Affirmed.
Judges WYNN and HUDSON concur.
Report per Rule 30(e).
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