Dobbs described BNR as a unique operation in a hard-to-find location and stated that Peter simply could not be replaced.
Dobbs asserted that BNR s goodwill amounted to $819,057 however, Dobbs also testified that the business itself could not be separated from Peter because, In a very real sense, the business is Peter Brave. Peter also introduced testimony from Gus Dobbs, a business consultant employed by the Braves to handle accounting and payroll for BNR.
Both Peter and Marie offered expert real-estate appraisers who gave their opinions as to the value of the restaurant space. Peter testified that Marie was no longer involved in operating the restaurant once it moved to its current location in 2000. According to Peter, although Marie was very helpful in the beginning, she became less involved after their two children were born. The parties agreed that, while Peter worked in the kitchen, Marie handled the front end of the business, including scheduling staff and ordering liquor for the restaurant. Peter testified that he creates and executes the menu at BNR and that his job is to know what the customers want. The parties married and, in August 1991, opened BNR. 542 remand.1 At the time the parties met, Peter was working as a chef at the Capital Hotel, and Marie was employed as a waitress there. We agree with Peter s first point, and therefore reverse and Cite as 2013 Ark. Peter raises two points on appeal: 1) the trial court erred in failing to find that the restaurant s goodwill was personal goodwill and thus non-marital property, and 2) the trial court erred by double dipping into his future earnings when it both divided the goodwill and awarded alimony. In a subsequent order following Peter s request for additional findings, the trial court found that the restaurant held goodwill that was corporate and, consequently, marital property. When the parties divorced after twenty-two years of marriage, Peter was ordered to pay $420,000 for Marie s interest in BNR. WALMSLEY, Judge Peter Brave and Marie Brave own a very successful restaurant in Little Rock called Brave, Incorporated d/b/a Brave New Restaurant (hereafter, BNR). BRANTLEY, JUDGE REVERSED AND REMANDED BILL H. APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT, SIXTEENTH DIVISION MARIE BRAVE APPELLEE HONORABLE ELLEN B. CV-12-479 Opinion Delivered OctoPETER BRAVE APPELLANT V.
542 ARKANSAS COURT OF APPEALS DIVISIONS III & IV No.
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