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Fernandes v. Fernandes

Fernandes v. Fernandes is an unpublished September 2007 opinion from the South Carolina Court of Appeals.  Mr. Fernandes retained me after obtaining a disappointing result from his divorce trial.

We appealed twelve issues and only prevailed on two.  We convinced the Court of Appeals that the family court had misvalued a vehicle it awarded Mr. Fernandes, which his wife had kept during the litigation, when it valued it at the $9,000.00 value it had at the time of separation rather than the $4,000.00 value it had at the time of trial.  We were unsuccessful in convincing the Court of Appeals that the family court erred in not awarding his wife this vehicle or not crediting her with the $5,000.00 depreciation in the vehicle during the litigation period.

We also convinced the Court of Appeals that the family court erred in treating a Navy Federal Credit Union Account as marital property rather than Mr. Fernandes’ separate property.

By prevailing on these two issues, we increased Mr. Fernandes’ equitable distribution award by $34,408.73.

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