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Turner v. Turner9/30/2002
This appeal arises from two law suits instituted by E. Diane Turner, appellant, in the Circuit Court for Baltimore County. One involves the dissolution of the marriage of appellant and Donald Turner, appellee. The other concerns Mr. Turner and the family business, Baltimore Stage Lighting, Inc. ("BSL" or the "Company"), appellee, a close corporation wholly owned by the Turners.
In a sense, the Turners epitomize the rags to riches American dream. At the outset of their lengthy marriage, the Turners were of modest means. Then, they combined their enterprising spirit with creativity and determination to create BSL, a very profitable business. By 1996, BSL had gross earnings of $3,000,000 and approximately 25 employees. In the litigation at issue here, Ms. Turner, a minority shareholder of BSL, sought equal ownership and control of the Company.
The circuit court conducted two separate trials, one in November 1999 and the other in March 2000, "in a consolidated fashion." By agreement, the evidence adduced at one trial was considered as evidence in the other case.
Throughout the duration of these cases, the circuit court issued numerous written opinions, including three that are of particular importance here. The first, issued just after the divorce trial, is reflected in a seven-page Order docketed December 16, 1999. It addressed the matters of temporary alimony pending final disposition of both cases, as well as attorneys' fees. The second, issued on April 17, 2000, is a Memorandum Opinion addressing the corporate claims (the "Corporate Opinion"). The third is a Memorandum Opinion of June 9, 2000, regarding the divorce case (the "Divorce Opinion"). The court's rulings in the Divorce Opinion are reflected in the Judgment of Absolute Divorce docketed on July 19, 2000, by which appellant was granted a divorce on the ground of adultery, ending her marriage to appellee of more than thirty years.
Unhappy with the court's resolution of both cases, Ms. Turner noted this appeal, in which she presents us with a dozen issues. Appellees have moved to dismiss the appeal, claiming that Ms. Turner cannot pursue any of her claims because she accepted payment of the monetary award in the divorce case.
We have rephrased slightly and reordered appellant's twelve questions, as follows:
I. Did the trial court err in attributing $35,000 in annual income to appellant in its determination of alimony?
II. Did the trial court err or abuse its discretion in awarding appellant $2,000 per month in indefinite alimony?
III. In awarding alimony, did the trial court err in failing to consider the parties' agreement of August 1997?
IV. Did the trial court err in denying appellant's claim for contribution with respect to the mortgage payments for the marital home?
V. Did the trial court err in finding a dissipation by appellee of only $112,000?
VI. Did the trial court err in its award of counsel fees to appellant and in construing the alimony pendente lite as a partial contribution to counsel fees?
VII. Did the trial court err in denying appellant's request for an accounting as a shareholder of BSL?
VIII. Did the trial court err in denying appellant's claims for corporate relief based on the doctrine of "unclean hands"?
IX. Did the trial court err in failing to grant appellant ownership of fifty percent of BSL?
X. Did the trial court err in refusing to disregard the corporate entity?
XI. Did the trial court err in regard to appellant's claim for wrongful discharge by BSL?
XII. Did the trial court err in limiting
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Maryland Employee Leasing Services
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