(Download) "Cox V. Cox" by New Mexico Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Cox V. Cox
- Author : New Mexico Court of Appeals
- Release Date : January 04, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Wife appeals the trial court's valuation of the community interest in husband's accounting practice, the court's refusal to award fees for her expert witness, and the amount of attorney fees awarded her. Husband appeals the award of alimony, the order that he assume all community debts, and the award of attorney fees to wife. This case raises issues in applying Hertz v. Hertz, 99 N.M. 320, 657 P.2d 1169 (1983). In that case, the supreme court states that, if a professional spouse's stock in the corporation is subject to a restrictive agreement fixing the value of goodwill, such agreement controls in the absence of evidence that the stockholders have disregarded the same. The threshold question is whether there are any exceptions to the rule other than the one stated. We believe there are. Accordingly, we reverse and remand for a determination of the community interest in such goodwill. Because wife's issues regarding expert witness fees and her attorney fees are directly related to the goodwill issue, we reverse on those issues as well. We affirm on the issues husband raises.
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