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Whitesides v. Whitesides

Supreme Court of Nebraska

February 13, 2015

DWIGHT E. WHITESIDES, APPELLEE,
v.
LINDA M. WHITESIDES, APPELLANT

Page 859

[Copyrighted Material Omitted]

Page 860

Appeal from the District Court for Douglas County: W. RUSSELL BOWIE III, Judge.

Susan A. Anderson, of Anderson, Bressman & Hoffman Law Firm, P.C., L.L.O., for appellant.

Philip B. Katz, of Koenig & Dunne Divorce Law, P.C., L.L.O., for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 861

[290 Neb. 117] Cassel, J.

INTRODUCTION

After a stipulated dissolution decree divided a partnership interest, the husband sought modification, contending that division of the interest could not be accomplished. The district court denied modification, but made findings regarding the interest's assignability and the husband's compliance with the decree. The wife appeals. Because these surplus findings deprived her of due process, we modify the order to strike them. As so modified, we affirm.

BACKGROUND

Dwight E. Whitesides and Linda M. Whitesides' marriage was dissolved via a dissolution decree entered in December 2012. At the time of the decree, Dwight possessed a 6-percent [290 Neb. 118] interest in a partnership known as the 20/20 Partnership. The partnership owned a commercial building with spaces leased to various tenants. Dwight testified that although the partnership had been using its income to pay off a mortgage, he expected his interest to produce a net income of approximately $500 to $600 every month.

At the time of trial, Dwight had offered his partnership interest for sale to the

Page 862

other partners for $60,000. The other partners had 30 days to accept the offer, and the time period for acceptance had not yet expired. Dwight testified that if the offer was accepted, the net proceeds would be split equally with Linda. However, if the other partners rejected the offer, he would transfer half of his interest to Linda. And ...


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