Bill L. Sherry v. Sharon Sherry Book Reviews

Bill L. Sherry v. Sharon Sherry by Court of Appeals of Idaho No. 16153 Book Summary

This is an appeal by the husband in a divorce action seeking review of the distribution of property made by the district court. This action has been the subject of a previous appeal before this Court, herein termed Sherry I.[Footnote 1] That appeal resulted in a remand to the district court for entry of factual determinations regarding whether the sale by the husband, prior to the divorce proceedings, of stock in a close corporation to the parties' son was a violation of the husband's fiduciary duty and should be disregarded for property distribution purposes. On remand, the district court made additional findings of fact based on the original record and reaffirmed the judgment compensating the wife for the community's interest in the corporation. The husband appeals this decision contending that the district court erred by failing to conduct a supplemental hearing prior to making additional findings of fact. He also contends that the record does not contain sufficient facts to support a finding that the husband violated his fiduciary duty to his wife by selling the community corporate stock. For the following reasons, we affirm in part, reverse in part, and remand. In the previous appeal before this Court, we noted that:

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