Andrew Simon Mickler v. Terry J. Mickler, et al.
The Kentucky Court of Appeals affirmed the lower court’s valuation of the husband’s medical practice, including goodwill. It rejected the husband’s argument that personal goodwill should not be included in the valuation of his practice because it was not ...
Personal Goodwill and Double Counting Argument Considered
The Kentucky Court of Appeals affirmed the lower court’s valuation of the husband’s medical practice, including goodwill. It rejected the husband’s argument that personal goodwill should not be included in the valuation of his practice because it was not ...
Trial court’s failure to make specific findings of fact results in reversal
One of the issues in this marital dissolution was the value of husband’s 50% interest in his surgical practice, Catawba Surgical Associates PA.
Kimberly L. Zambos v. Philip N. Zambos
The Kentucky Court of Appeals affirmed the valuation of a 50 percent interest in a radiology practice. The practice was valued using the capitalization of excess earnings method. The lower court applied a 30 percent discount for lack of marketability and ...
Court Rejects 60% Discount for Lack of Marketability
The Kentucky Court of Appeals affirmed the valuation of a 50 percent interest in a radiology practice.
Hatfield v. VanEpps
Law firm uses appraiser to value surgical practice but was already involved in another divorce case with the firm, a case involving another member of the practice.
Cede & Co. v. Technicolor, Inc.
The Delaware Court of Chancery determined the fair value of Technicolor, Inc. in this dissenting shareholder action. It valued Technicolor, a publicly traded company, on the valuation date as the sum of its divisions, which were valued using the discounte ...
Management’s Projections Figure Heavily in Dissenting Shareholder Action
The Delaware Court of Chancery determined the fair value of Technicolor Inc. in this dissenting shareholder action.
Louis Ernest Cunningham v. Cheryl Lynne Cheatham Cunningham (Cunningham II)
The Tennessee Court of Appeals affirmed the equitable distribution of a marital estate that included a professional medical practice. The marriage was a short duration (only 5 years) during which time the parties established the husband’s medical practice ...
Medical Practice Equitably Distributed Despite Short Duration of Marriage
The Tennessee Court of Appeals affirmed the equitable distribution of a marital estate that included a professional medical practice.
Cross-Examination of Valuation Expert Considered
The North Carolina Court of Appeals affirmed the valuation of a medical practice, including goodwill, which was established using the capitalization of earnings method. It declined to consider tax consequences of a sale of the practice as a distribution f ...
Buzzanell v. Miller
A professional practice not established for a time sufficient for the existence of goodwill to be valued using capitalization of excess earnings. Wife's valuation upheld.
Breach of Contract Claimant Makes Two Errors: No Attorney and No Damages Expert
The California Court of Appeal affirmed a trial court’s grant of summary judgment in this breach of contract action.
Mousavi v. Vakili
Husband's motion to revalue assets because of change in value prior to judgement date denied because claims of loss in value were purely speculative.
Fitzgerald v. Fitzgerald
Case is remanded for several reasons among which is that it provided no basis for its valuation of husband's interest in surgical practice, simply picking a figure within a range of values.
Preseparation valuation date upheld
The court of appeals held that the trial court’s use of the pre-separation valuation date for husband's neurology practice was not an abuse of discretion.
Valuation Date Is Prior to Oppressive Acts
The Pennsylvania Superior Court reversed a trial court's determination of value in this oppressed shareholder case.
In re the Marriage of Rubens
Issue is whether the trial court erred in using a pre-separation date as the valuation date of husband's neurology practice.
Expert Rejected Due to Lack of Knowledge of Local Business Climate
The issue in this marital dissolution was the valuation of the wifes interest in Big Horn Basin Pathology, Inc . The husband appealed the trial courts valuation, and the supreme court uphel ...
Award of Lost Profits Upheld in Partnership Dissolution
The Court of Appeals affirmed the trial court's judgment dissolving a partnership, holding that it was for a fixed five-year term and awarding damages.
Accounts receivable must be included in value of medical practice
The wife argued that the trial court erred in valuing the husbands interest in his medical practice by failing to include the husbands net accounts receivable.
Medical Practice Higher Using Last Year's Earnings Versus Normalized Earnings
In valuing the husbands medical practice, both experts used the capitalization of income approach and the same cap rate.
Book Value Includes Accounts Receivable Pursuant to Stock Purchase Agreement Formula
One of the issues in this breach of contract action was the buy-out price of the plaintiffs 250 shares of common stock in Westmoreland Obstetric and Gynecologic Associates, S.C.
Theresa M. Nelson v. Mark I. Nelson
The Michigan Court of Appeals affirmed the valuation for the husband’s dermatology practice. The lower court valued the business as of the date of filing, rather than the date of trial, because the practice’s income substantially dropped following the fil ...
Valuation Date Is Date of Filing
The Michigan Court of Appeals affirmed the valuation for the husband’s dermatology practice. The lower court valued the business as of the date of filing, rather than the date of trial, because the practice’s income substantially dropped following the fil ...