Lamar v. Lamar
292 P.3d 86
Utah Ct. App.2012Background
- This is an appeal from a Utah divorce decree in the First District (Logan) by Husband Richard T. Lamar.
- The district court ordered Husband to pay half of a $4,999 Nevada judgment against Wife, based on the court’s finding that both spouses benefited from the funds.
- Husband challenged the district court’s findings on Wife’s needs and earning capacity, the alimony amount, and the obligation to repay Wife’s 2008 tax refund.
- The district court found Wife’s 2008 tax refund was deposited into Husband’s accounts during the marriage; Wife had no separate account.
- Husband challenged the award of partial attorney fees to Wife but failed to preserve the issue and failed to marshal the evidence due to no transcript.
- The appellate court ultimately affirmed the decree and awarded Wife appellate attorney fees, remanding for the amount of fees on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allocation of the Nevada judgment | Lamar argues the half-allocation to Husband is erroneous | Lamar contends the funds were not jointly benefitted | Allocation not erroneous; supported by findings |
| Sufficiency of findings on Wife’s needs and earning capacity | Wife’s needs/earnings lacked support | Husband couldn’t marshal evidence due to missing transcript | Review limited; findings upheld given marshaling defect and record absence |
| Wife’s 2008 tax refund | Refund not a marital asset | Refund deposited to Husband during marriage; Wife entitled | District court did not err; Wife awarded refund |
| Attorney fees on appeal | Fees on appeal were improper or excessive | Fees should be awarded to prevailing party | Wife entitled to appellate fees; remand for amount considering prior partial award |
Key Cases Cited
- Henshaw v. Henshaw, 271 P.3d 837 (Utah App. 2012) (standard of review for findings of fact; clear error)
- Kimball v. Kimball, 217 P.3d 733 (Utah App. 2009) (marshal evidence requirement; record adequacy)
- Chen v. Stewart, 100 P.3d 1177 (Utah 2004) (duty to marshal evidence when challenging legal rulings)
- Leppert v. Leppert, 200 P.3d 223 (Utah App. 2009) (appeal of domestic case fee rulings; reasonableness presumptions)
- Elman v. Elman, 45 P.3d 176 (Utah App. 2002) (considerations on fee awards in domestic actions)
- O'Dea v. Olea, 217 P.3d 704 (Utah 2009) (preservation of trial errors for appellate review)