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Dorsey v. Dorsey

Court of Appeals of Ohio, Second District

September 27, 2013

VICKI S. DORSEY Plaintiff-Appellee
v.
WILLIAM R. DORSEY, D.O. Pleas Defendant-Appellant

Civil appeal from Common Court, Domestic Relations, T.C. No. 09LS23

CHARLES D. LOWE, Atty. Reg. No. 0033209, 8087 Washington Village Drive, Attorney for Plaintiff-Appellee

JOHN D. SMITH, Atty. Reg. No. 0018138 and ANDREW P. MEIER, Atty. Reg. No. 0083343, Attorneys for Defendant-Appellant

OPINION

FROELICH, J.

(¶ 1} William R. Dorsey, D.O., appeals from a final judgment and decree of divorce filed by the Montgomery County Court of Common Pleas, Domestic Relations Division, which awarded a divorce to Dr. Dorsey and his wife, Vicki Dorsey, divided the parties' assets, and addressed other matters.

(¶ 2} For the following reasons, the judgment of the trial court will be affirmed in part, reversed in part, and remanded for further proceedings.

I

(¶ 3} William and Vicki Dorsey were married in 1982. In 2009, Ms. Dorsey filed a complaint for divorce, and Dr. Dorsey filed a counterclaim for divorce. The two children born of the marriage were emancipated prior to the divorce. The parties agreed to treat July 1, 2010 as the date of the "de facto" termination of the marriage for the purpose of dividing their assets. The parties agreed on the manner in which some assets would be divided, and the division of other assets was determined by the trial court. The trial court entered its Final Judgment and Decree of Divorce in 2012.

(¶ 4} The issues of property division that are pertinent to this appeal are as follows: Dr. Dorsey retained his medical practice, but was ordered to pay one-half of its value to Ms. Dorsey. Each party was awarded his or her primary vehicle. However, Ms. Dorsey's car, a Mercedes, was owned by Dr. Dorsey's medical practice. The value of the car was included in the value of the medical practice, which was divided between the parties; Dr. Dorsey received a credit of $27, 000 "toward the ultimate property settlement, representing the income tax liability [to his practice] that will result from the transfer of the title to the Mercedes to the wife." The trial court valued the Mercedes at $50, 000, which it found to be the fair market value, although the car was on the books of the medical practice at a value of $73, 172.

(¶ 5} The trial court determined that Dr. Dorsey's life insurance policy had a cash surrender value of $728, 106 as of the end of the marriage and Ms. Dorsey had a policy with a cash surrender value of $4, 946 as of the same date; it ordered that the values of these policies be divided equally.

(¶ 6} The parties had a Fifth Third securities account that was valued at the time of the divorce at $152, 365. The trial court found, however, that Dr. Dorsey had previously "inappropriately" withdrawn $100, 000 from this account. The court awarded the account to Ms. Dorsey ($152, 365) and ordered Dr. Dorsey to pay her an additional $50, 000 representing half of the funds he withdrew.

(¶ 7} Finally, the trial court retained jurisdiction over the parties' 2011 federal and state income tax refunds.

(¶ 8} Dr. Dorsey raises two assignments of error on appeal from the trial court's judgment. The first ...


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