Brozek v. Brozek

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Brozek v. Brozek

Case Number
S-14-0957
S-14-1141
Call Date
December 1, 2015
Court Number
Antelope
Case Summary

S-14-0957 and 14-1141, Shelley Brozek v. Kirk Brozek (Appellant) (consolidated appeals)

Antelope County, Hon. Mark Johnson

Attorneys: David Domina, Christoper Mihalo (Domina Law Group pc llo) (Appellant) --- Russell Westerhold

Civil: Divorce

Proceedings below: In 14-0957, the trial court entered a decree and Appellant filed an appeal. After the first appeal was docketed, Appellee filed for temporary support in the district court. The court ruled on the motion. Appellant filed a notice of appeal from that matter. Cases were consolidated on appeal for briefing and argument.

Issues: The trial court erred when it: 1. Failed to recognize the valid stock redemption agreement was binding on Kirk and Shelley as shareholders of Brozek & Sons, lnc., used the shares' fair market value, and made an excessive award to Shelley as a result. 2. Valued the marital property as of the date of trial and not the date of separation. 3. Failed to award Appellant his premarital and nonmarital assets. 4. Miscalculated the equalization award and compounded the valuation date, property identification, and valuation errors specified above. 5. Awarded a $40,000 Coach trailer to Kirk Brozek who did not want it for highly personal reasons, when Shelley did want it. 6. Charged to Kirk all the value of a 2004 Ford pickup used only by his daughter and treated as her asset by both parties. 7. Awarded $10,000 in legal fees at a post-Decree support hearing.