Goggin v. Goggin
2013 UT 16
Utah2013Background
- Dennis and Tammy Goggin married in 1995, separated in 2005, and engaged in prolonged divorce litigation.
- Tammy brought premarital assets (her home) and Dennis contributed corporate assets and Sundowner Property prior to marriage.
- Riverbend Property was purchased for an equestrian business, with Tammy as broker and title held in Dennis’s corporate entity; Riverbend Ranch began operating in 2002.
- Dennis repeatedly obstructed discovery, altered testimony, and was found in contempt; a receiver and forensic accountants were appointed due to his conduct.
- The Collateral Court found an express oral agreement for use and development of Riverbend; Goggin I later held that the oral contract was unenforceable and Riverbend was marital property.
- Divorce court awarded Tammy all fees/costs for the receiver and forensic accountants, plus other fees; Tammy received a disproportionate share of dissipated assets, and Dennis was denied setoffs for his contributions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tammy’s fee/cost awards exceeded Dennis’s actual injury | Tammy incurred costs due to Dennis’s misconduct and contempt. | Some fees/costs were not caused by Dennis’s contempt or breach. | Court exceeded discretion only to the extent fees/costs exceeded actual injury; remanded to excise excess. |
| Whether any portion of Tammy’s award was based on Dennis’s breach of contract | Damages stemming from Dennis’s breach supported Tammy’s fees. | Goggin I held no enforceable contract; breach should not justify fees. | Any award tied to Dennis’s breach was improper; remanded to remove such amounts. |
| Whether the dissipated assets should have a setoff/credit to Dennis | Dennis dissipated assets; Tammy should not receive full dissipation without credits. | Tammy should be denied credits due to unclean hands and dissipation by Dennis. | Court erred in not crediting Dennis for his dissipated share; remanded to determine upper limit and credit accordingly. |
| Whether Dennis was entitled to a setoff/credit for separate property contributed to Riverbend Property | Contributions to Riverbend were separate property credits due Dennis. | Collateral Order’s marital determination foreclosed revisiting credits. | Remanded to consider proper setoff/credit for Dennis’s separate property contributions to Riverbend. |
| Whether the court properly declined to credit Dennis for managerial labor on Riverbend/Sundowner | Labor and services during the pendency could warrant compensation. | Unclean hands and non-compensable conduct bars relief. | Court did not abuse discretion in denying managerial credit; held Dennis did not come with clean hands. |
Key Cases Cited
- Goggin v. Goggin, 2011 UT 76, 267 P.3d 885 (Utah 2011) (addressed oral contract claim and marital nature of Riverbend Property)
- Parker v. Parker, 2000 UT App 30 (Utah App. 2000) (discussed dissipation and credit when dissipation occurs)
- Burnham v. Burnham, 716 P.2d 781 (Utah 1986) (equitable division and the general presumption of property categories)
- Gardner v. Gardner, 748 P.2d 1076 (Utah 1988) (abuse of discretion standard in divorce property awards)
- Hughes v. Cafferty, 2004 UT 22 (Utah 2004) (attorney fees in divorce actions and sanctions standards)
- Barnard v. Wassermann, 855 P.2d 243 (Utah 1993) (inherent powers to sanction and award attorney fees)
- Pledger v. Gillespie, 1999 UT 54 (Utah 1999) (equitable arguments and clean hands doctrine in fee awards)