Travis G. v. Allyson H.

Summary

The Supreme Court of Appeals of West Virginia reversed and remanded orders concerning the equitable distribution of marital property in a divorce action. The Court held that the lower courts abused their discretion by refusing to permit the husband to depose or cross-examine a court-appointed valuation expert and by imposing sanctions without adequate notice and opportunity to be heard. The Court also found clearly erroneous findings regarding marital credits and tax liability.

Holdings

1. The lower courts abused their discretion by refusing to allow husband to depose or examine Kenneth Apple and by adopting Apple's valuation report without permitting cross-examination.
2. A discovery-related sanction that effectively deprived husband of the opportunity to examine the expert was improper because husband did not receive meaningful notice that sanctions would be considered and an opportunity to respond.
3. The circuit court's findings concerning husband's alleged failure to provide information to the court, wife, and the expert were not supported by the record and were clearly erroneous.
4. The circuit court abused its discretion by upholding the final order's Conrad credit and tax-credit provisions without properly considering husband's evidence that those provisions conflicted with prior orders.

Questions Presented

1. Whether the lower courts abused their discretion by adopting the report of a court-appointed expert without allowing husband to depose or cross-examine the expert.
2. Whether the lower courts improperly imposed a discovery-related sanction without meaningful notice and an opportunity to be heard.
3. Whether the final equitable-distribution order conflicted with prior orders concerning Conrad credits and the parties' responsibility for their 2013 tax liabilities.
4. Whether the circuit court's findings concerning husband's discovery noncompliance and the evidence supporting the valuation and credits were clearly erroneous.

Disposition

reversed_and_remanded