A-22-0031, Shawn E. Reeves (Appellant) v. Brenda J. Reeves, n/k/a Brenda J. Culver (Appellee)
Lancaster County, District Judge Andrew Jacobsen
Attorney for Appellant: Wayne E. Janssen
Attorney for Appelle: Terrance A. Poppe (Morrow Poppe Watermeier & Lonowski P.C.)
Civil Action: Dissolution
Action Taken by Trial Court: Following a trial, the district court entered a decree of dissolution which found that Shawn’s testimony lacked credibility and that a corporation founded and directed by Shawn was operating as his alter ego. As such, two planes purchased by the corporation were found to be part of the martial estate. The district court found that Shawn failed to carry his burden of proof regarding his position that several assets were nonmaterial; including his three personal injury settlements and the proceeds from the sale of his premarital home. The district court also determined that Brenda’s homeowner’s insurance settlement, which she had given to Shawn prior to the parties’ marriage, should be credited to Shawn. After dividing personal property between the parties, the decree ordered Shawn to make an equalization payment to Brenda. The district court finally ordered Shawn to pay Brenda alimony, attorney fees, and expert witness fees. Earlier in the proceedings, the district court had sanctioned Shawn for his failure to follow the court’s discovery orders and make the planes available to Brenda for appraisal.
Assignments of Error on Appeal: Shawn appeals, assigning that the district court erred in finding that his testimony lacked credibility; finding that his corporation was his alter ego and including the corporation’s assets in the marital estate; accepting a witnesses’ valuation of the corporation’s planes over Shawn’s valuation; including Shawn’s personal injury settlements in the martial estate; including Brenda’s homeowner’s insurance settlement in the martial estate; including the proceeds from the sale of Shawn’s premarital home in the martial estate; including Shawn’s nonmartial assets in the martial estate; awarding Brenda alimony; failing to vacate its order for sanctions and for failing to award Shawn costs for production of the planes and logbooks for appraisals; and awarding Brenda attorney and expert witness fees.