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Bloomfield v. Bloomfield

The children's trusts were entitled to cash compensation for their interests in real property, which the husband sold from a partnership to the husband and wife.

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Following a bench trial, Mark C. Bloomfield Husband and Susan W. Bloomfield Wife were divorced pursuant to a final judgment and decree entered on May 1, 2006, nunc pro tunc to March 10, 2006. Husband now appeals, contending, among other things, that the trial court erred in its calculations of support and in its division of marital property.1 To determine the validity of Husband’s claims, we must be mindful of the appropriate standard of review applicable to this case. “In the appellate review of a bench trial, this Court will not set aside the trial court’s factual findings unless they are clearly erroneous, and this Court properly gives due deference to the opportunity of the trial court to judge the credibility of the witnesses.” Citations and punctuation omitted. Frazier v. Frazier , 280 Ga. 687, 690 4 631 SE2d 666 2006.

1. Husband contends that the trial court erred in its division of several property interests. In general, the question of whether “a particular item of property actually is a marital or non-marital asset may be a question of fact for the trier of fact.” Citations omitted. Payson v. Payson , 274 Ga. 231, 232 1 552 SE2d 839 2001. Furthermore, “the standard by which findings of fact are reviewed is the ‘any evidence’ rule, under which a finding by the trial court supported by any evidence must be upheld.” Citation omitted. Southerland v. Southerland , 278 Ga. 188 1 598 SE2d 442 2004.

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