Leonard E. McWhorter v. Karen L. McWhorter

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order upholding a family court finding of marital waste. The court held that the petitioner’s unreasonable delay in signing an oil and gas lease caused the marital estate to lose value and supported an equitable-distribution award of $33,705.00. The court also declined to consider a hearsay challenge because no timely objection was made below.

Holdings

1. A hearsay objection ordinarily must be made at the trial or hearing before the alleged evidentiary error may be raised on appeal; because Leonard did not object to the testimony at the hearing, his hearsay challenge was not preserved.
2. The family court did not clearly err or abuse its discretion in finding that Leonard's delay in accepting the $4,500-per-acre lease was unreasonable and caused the marital property to dissipate or depreciate by $1,500 per acre.

Questions Presented

1. Whether the family court clearly erred in finding that Leonard's delay in accepting the higher oil and gas lease offer caused depreciation of marital property.
2. Whether the family court could rely on testimony concerning the $4,500-per-acre lease offer when Leonard did not object to that testimony on hearsay grounds at the hearing.
3. Whether Leonard's delay in entering the lease was unreasonable under the circumstances.

Disposition

affirmed