Mariage of Nakamoto
The marriage of petitioner Mercedes Nakamoto and respondent Luis Nakamoto ended with a judgment of dissolution in 2001. The judgment provided that a family owned business, Super Pollo I, would be co-owned by the parties. Mercedes was allowed to run Super Pollo I and had the right to purchase Luiss interest within four years. The judgment further provided that the businesss accounting was to be handled by White, Zuckerman, Warsavsky, Luna, Wolf & Hunt (White Zuckerman), and if Mercedes exercised the buyout provision, the value of Luiss interest would be determined by an appraisal performed by White Zuckerman.
When Mercedes tendered payment to purchase the business in 2004 pursuant to an appraisal by White Zuckerman, Luis objected to the amount of the appraisal and refused to complete the sale. Luis appeals from the trial courts postjudgment order determining that the appraisal was valid and the sale was to be completed in accordance with the judgment of dissolution. In this appeal, Luis argues: (1) the trial courts order appointing White Zuckerman at the time of the dissolution judgment in 2001 was error because of a lack of evidence the firm was qualified to prepare the appraisal; (2) the order appointing White Zuckerman was deficient because the order did not detail how White Zuckerman was to conduct the appraisal; and (3) the trial court erred by enforcing the buyout provision of the judgment based upon the appraisal of White Zuckerman.
Court hold the first and second contentions were forfeited by Luiss agreement to the terms of the judgment and his failure to appeal from the judgment in 2001. Court further hold the trial court properly construed the judgment of dissolution to mean the White Zuckerman appraisal was binding on the parties and enforcement of the buyout provision was proper.
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