Valuation finding that merely lists two factors found erroneous
One of the issues in this marital dissolution was the valuation of the parties’ closely held postal and shipping service business, Alley Enterprises, Inc. which operated The Mailbox Plus.
Expert credibility bolstered by management interviews and site visits
The parties were married in 1971 and separated in 1996. Wife owned stock in W.H. Conyngham & Co., Inc., a family-owned business, which was gifted to her by her father and grandmother.
Rubino v. Rubino
Attorney husband argues that accounts receivable and work in progress should not be valued as per partnership agreement, but judgment is affirmed.
G & G Fashion Design, Inc. v. Garcia
Trial court accepted value of a real arm's length offer as evidence for valuation, which held.
Sanders v. Sanders
Husband's expert's valuation upheld because of competent method (excess earnings & sales price to cash flow), detailed testimony and experience.
Ferro v. Ferro
Husband's gun dealership valued by court, wife's valuation of business without merit. No experts were consulted.
Corporation not bound by buyout fair value; may elect to dissolve
The issue in this corporate dissolution action is whether the shareholder who elects to purchase the shares of the shareholder ...
Valuation date, equitable increase in value award affirmed
Husband’s failure to provide financial information about the business beyond the valuation date used by wife’s expert precluded him from challenging the valuation date.
Practice goodwill calculated using excess earnings method upheld; distinguished from personal goodwill
The issues in this marital dissolution were whether the trial court erred in its valuation of husband’s veterinary clinic, Millard Veterinary Clinic (MVC ...
Court adopts income approach valuation but deducts personal goodwill
One of the issues in this marital dissolution was whether the trial court erred in accepting the valuations of husband’s medical practice ...
Company’s uniqueness and limited marketability equal zero goodwill
The parties were married in 1990, separated in 1997, and divorced in 1998.
Valuation within range of evidence upheld
One of the issues in this marital dissolution was whether the trial court erred in valuing husband’s business.
Excess earnings and hidden expenses properly subtracted from value
On appeal, wife challenged the trial court’s valuation of husband’s veterinary practice.
Failure to value business abuse of discretion
The sole issue on appeal was whether the trial court erred in failing to value husband’s insurance agency.
Minimal marketability discount where no intent to sell
One of the issues in this marital dissolution involved the valuation of the parties’ business T.H.E. Machine Corp.
Dobbins v. Dobbins
Wife contends that value of stock in outdoor equipment store should be based on a previous sale of same stock, not on valuation. On appeal, stock is valued according to the valuation.
Sutherland v. Sutherland
Valuation used investment value methodology, and when challenged by wife as having given "unconscionable advantage" to husband, was upheld on appeal as "reasonable".
Amsbaugh v. Amsbaugh
Wife's valuation purely speculative, court's valuation based on records indicating loss upheld.
In re the marriage of Romey
Husband's building for business located on personal property not valued separately because it ultimately added little value to the property as a whole.
Woodward v. North Carolina Management Company
Trial court fails to address issue before jury of payments made but enters judgement anyway.
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.
Purdy v. Purdy
Husband's motion to vacate an order overruling objections denied because of untimeliness (counsel was out of town) and retirement benefits divided must be based on wife's life expectancy.
Blevins v. Blevins
On appeal husband challenges awards yet offered no testimony at trial, thus wife's testimony was used. It is noted it is the parties' duty to propose values of assets.
In re the Matter of Carter
On appeal, changing a multiplier applied to gross revenue to be within the range of values offered at trial would only serve to help appellee, and is left undisturbed.