Quilty v. Fischer, 393 S.W.3d 130

Married in 2006; Quilty filed for dissolution on Aug. 15, 2011.
Trial court dissolved marriage, divided marital property, and ordered an equalization payment of $28,000.
Court valued marital estate at $90,000, with Fischer receiving $73,500 and Quilty $16,500.
Equalization centered on $50,000 value placed on shop tools awarded to Fischer as marital property.
Quilty testified to shop tools' existence and value; Exhibit 5 listed $50,000 for shop tools and was admitted without objection; Fischer offered no evidence challenging the tools.
Appellate standard of review allows affirming if supported by substantial evidence and permits deference to trial court on credibility and valuation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether shop tools valued at $50,000 were properly included as marital property	Fischer argues the tools did not exist or qualify as marital property	Quilty contends tools existed, were marital property, and valued at $50,000	No error; tools properly found as marital property based on Quilty's unobjected testimony and Exhibit 5.
Whether Exhibit 52 was properly considered in the property division	Fischer claims the court disregarded Exhibit 52, altering distributions	Quilty argues the court considered evidence; Exhibit 52 deficiency in Fischer’s brief precludes relief	Denied; exhibit consideration presumed and record shows the court addressed items from Exhibit 52.

Green v. Green, 341 S.W.3d 893 (Mo.App. W.D. 2011) (standard of review for dissolution and evidence sufficiency)
Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (abuse of discretion standard and broad appellate review)
Swartz v. Gale Webb Transp. Co., 215 S.W.3d 127 (Mo. banc 2007) (preservation of evidentiary error; plain error review)
Tadych v. Horner, 336 S.W.3d 174 (Mo.App. W.D. 2011) (trial court may accept or reject witness testimony in property division)
Foster v. Foster, 149 S.W.3d 575 (Mo.App. W.D. 2004) (trial court’s broad discretion in valuing marital property)