Cite as 2023 Ark. App. 385

ARKANSAS COURT OF APPEALS

DIVISION II

No. CV-20-752

VICKY BASS HAYNES

APPELLANT

V.

BENTON NED BASS

APPELLEE

Opinion Delivered September 13, 2023

APPEAL FROM THE GARLAND

COUNTY CIRCUIT COURT

[NO. 26DR-07-1156]

HONORABLE F. RUSSELL 

ROGERS, JUDGE

AFFIRMED

KENNETH S. HIXSON, Judge

This is an appeal from a divorce between appellant Vicky1 Haynes (appellant or Vicky) 

and appellee Benton Ned Bass (appellee or Ned) that has been in litigation since 2007. In 

this appeal,2 Vicky appeals from a divorce decree filed on January 24, 2014, and a series of 

subsequent orders filed by the Garland County Circuit Court in favor of Ned. On appeal, 

Vicky contends that (1) the circuit court erred in finding that the postnuptial agreement was 

 

1We note that appellant’s first name is also spelled as “Vicki” in some documents 

throughout the record.

2This is not the first time these parties have been before our appellate courts. On 

February 25, 2015, we dismissed an appeal without prejudice due to the lack of a final order. 

On May 26, 2016, the supreme court denied Ned’s petition for writ of certiorari. After yet 

another premature appeal was filed, we dismissed the appeal without prejudice due to the 

lack of a final order in a published opinion on February 13, 2019. Bass v. Bass, 2019 Ark. 

App. 95.
2

valid and enforceable; (2) assuming that the postnuptial agreement was valid, the circuit 

court erred in not following the postnuptial agreement; and (3) the circuit court erred in the 

award of expenses to Ned and in the division of property based on the report of the special 

master. We affirm.

I. Relevant Pretrial Pleadings3and Facts

Vicky and Ned were married from 1981 to 1994. After their first divorce, they 

remarried in 1995. The parties’ relationship again deteriorated, and on December 19, 2007, 

Vicky and Ned executed a postnuptial agreement in which both parties were represented by 

counsel. One week later, on December 26, 2007, Vicky filed a complaint for divorce against 

Ned. In her complaint, Vicky referenced the postnuptial agreement and asked that it be 

“properly administered.” Ned answered Vicky’s complaint for divorce and subsequently 

filed multiple amended answers and a counterclaim for divorce wherein he consistently 

requested that the postnuptial agreement be enforced. Vicky answered Ned’s counterclaim 

and acknowledged the presence of the postnuptial agreement but requested that Ned’s 

counterclaim be dismissed.

 

3The record reflects that the parties and the circuit court filed over 260 motions, 

orders, and other filings prior to the final hearing. Due to the voluminous number of filings, 

this opinion attempts to include only those portions of the pleadings that are pertinent to 

appellant’s points on appeal.
3

After approximately three years of litigation, Vicky abruptly changed her course and 

position on the validity of the postnuptial agreement.4 During the first three years of 

litigation, Vicky alleged and argued that the postnuptial agreement was valid and 

enforceable. However, on January 14, 2011, Vicky filed an amended complaint for divorce 

and alleged for the first time that the postnuptial agreement was “improper” and “should 

not be enforced.” Ned filed an answer and counterclaim wherein he denied that the 

postnuptial agreement was unenforceable and pleaded several affirmative defenses, including 

that Vicky had waived any right to contest the postnuptial agreement and was both judicially 

and equitably estopped from doing so. Vicky answered Ned’s counterclaim and again alleged 

the postnuptial agreement was invalid and unenforceable.

A few months later, Vicky again changed course. Her then attorney, J. Joshua Drake, 

filed a pleading styled “Partial Withdrawal of Amended Complaint and Notice to Request 

Enforcement of the Post-Nuptial Agreement” wherein Mr. Drake stated on Vicky’s behalf 

that “Plaintiff hereby withdraws all those portions of her Amended Complaint and all other 

pleadings where she challenges the validity of the post-nuptial agreement.” Vicky was now

back to her original position that the postnuptial agreement was valid and enforceable. 

Apparently, this pleading led to a deterioration and subsequent severing of the relationship 

 

4The record indicates that Vicky retained and dismissed approximately twenty 

attorneys during this lengthy divorce proceeding, and for some period of time, Vicky 

represented herself pro se. Vicky’s position regarding the validity of the postnuptial 

agreement appeared to vacillate depending on which attorney was representing her at that 

time.
4

with Mr. Drake as her attorney, and Vicky retained yet another attorney, Jack Wagoner III. 

In due course, Mr. Wagoner filed a second amended complaint wherein he alleged the 

following:

9. Plaintiff’s prior counsel filed various pleadings regarding whether a 

document that the parties have been referring to as a Post Nuptial Agreement should 

be enforced. At trial, Plaintiff will not be proffering this agreement or seeking to 

prove its terms or validity. If Defendant seeks enforcement of this agreement, then 

the burden is on him to plead it and prove that it is enforceable.

It appears that Vicky was again alleging that the postnuptial agreement was invalid. 

Ned’s answer to Vicky’s second amended complaint, as one would expect, alleged that 

the postnuptial agreement was valid and enforceable. However, Ned’s answer raised a new 

issue that would become relevant in the future. Ned also alleged that the circuit court had 

already “determined the validity of the postnuptial agreement.” He further requested that 

Vicky be ordered to reimburse him for the “payment of certain marital debts” and to 

reimburse him for “all sums paid for or on behalf of [Vicky], or her interest, since the 

separation of the parties.”

The parties owned substantial assets located across several states. During the 

pendency of this case below (2007–2014), the circuit court5entered several relevant orders 

authorizing and distributing some of these assets. One of the assets was Bass Management, 

 

5

Judge Lynn Williams was the original assigned judge, and he recused himself from 

the case on January 25, 2011. Judge Russell Rogers was assigned on February 4, 2011, and 

remained the judge until October 9, 2020. Judge Ellen Brantley was assigned on October 

12, 2020, and remained the judge throughout the remainder of the case.
5

Inc. (Bass Management), a corporation jointly owned by the parties. Bass Management 

owned and operated Brady Mountain Resort and Marina (Brady Mountain Resort) and 

Brady Mountain One Stop. Brady Mountain Resort was sold, and the sale closed shortly 

after the divorce complaint was filed. On April 8, 2008, the circuit court filed an order 

equally disbursing to Ned and Vicky6$2,734,270.36 each from the sales proceeds of Brady 

Resort.

7

 On October 2, 2008, the circuit court further ordered that a check from Bass 

Management in the amount of $25,233.08 for closing proceeds be released to Vicky.

Carrying on, the record indicates that Brady Mountain One Stop8(owned by Bass 

Management) was failing to produce sufficient income to be profitable and was costing 

approximately $5,000 a month to maintain. Approximately three years later, Ned filed a 

motion for leave to sell Brady Mountain One Stop. The court granted the motion and 

ordered that the property be sold at public auction on August 23, 2010. At the auction, the 

bidding did not reach the stated reserve, which was the approximate amount of the mortgage 

debt on the property. However, Ned individually was the highest successful bidder and 

offered to purchase the property subject to the current mortgage in anticipation of paying it 

 

6Other sales proceeds from the sale of Brady Mountain Resort that were in the registry 

of the court were subsequently paid to the Internal Revenue Service, one-half to pay the tax 

liability owed by Vicky for the year 2008 and one-half to pay the tax liability owed by Ned 

for the year 2008.

7Brady Mountain One Stop was not part of this transaction but was sold later during 

the litigation.

8Brady Mountain One Stop was the only remaining asset of Bass Management.
6

off or refinancing. Therefore, the circuit court filed an order confirming the public sale to 

Ned on August 19, 2013, and Ned became the sole owner of Brady Mountain One Stop 

subject to the mortgage free and clear of Bass Management’s interest.9

At about the same time that the sale of Brady Mountain One Stop was going on, Ned 

filed a motion for contempt against Vicky regarding the Collierville, Tennessee, property. 

In the postnuptial agreement, the parties agreed that Vicky would purchase the Collierville 

residence as her sole property. The agreement did not require Ned to make any payments 

on the note and mortgage.10 The record indicates that the original mortgage note on the 

Collierville property was debt against Ned, individually, and that as part of the agreement, 

Vicky agreed to refinance the debt solely in her name. Ned filed a series of motions for 

contempt alleging that Vicky had not made note payments for several months; approximately

$51,000 was now due; and Vicky should be held in contempt. Ned made some payments 

on the notes to keep the notes out of default since the notes were in his name. While Vicky 

was between attorneys and representing herself pro se, she appeared for a hearing on the

motions for contempt filed by Ned. In its September 10, 2013, order, the circuit court found 

Vicky in contempt for failing to pay the note and mortgage on her residence in Collierville 

in the amount of $51,000, which Ned had instead paid. It also found that she was in 

contempt of court for accessing a line of credit through the parties’ joint bank account in 

the amount of $4,000. The court allowed her the opportunity to purge herself of contempt 

 

9The order confirming the sale was entered over three years after the auction.

10See footnote 16 below.
7

by paying Ned $55,000 within seven days of the order and by making all future payments 

associated with the Collierville residence as ordered in its previous November 1 and 

November 3, 2010, orders. The circuit court further stated that if Vicky failed to pay, Ned 

would be entitled to a lien against the Collierville residence and that a receiver would be 

appointed to sell the residence.

Vicky did not pay Ned and continued not to pay the note and mortgage on the 

Collierville residence. On December 20, 2013, the circuit court revised its order to appoint 

a receiver to sell the property. Subsequently, the circuit court filed an order confirming the 

sale of the Collierville residence on January 30, 2014. The court’s order stated that the 

parties did not “acquire any beneficial interest” after the sale. In fact, Ned paid the 

outstanding debt after the funds from the sale were applied, and Vicky was ordered to 

reimburse Ned $1,750 for her half of the auction fees.

II. The Final Divorce Trial

After six years of litigation, a final divorce trial was held September 18–20, 2013. 

Vicky had retained another attorney by this time, Janie Evins. At the outset, Vicky’s counsel 

raised the issue of whether the postnuptial agreement was enforceable in the following 

colloquy:

MS. EVINS: And then I guess the second matter would be that a prior judge, 

Judge Williams I believe, had indicated that at some point -- I 

don’t have the exact date for the order, but the parties would 

abide by the postnuptial agreement. I believe that’s been to all 

our benefits if we could determine whether the Court is going 

to ask that the postnup be honored and that the parties’ actions 

abide by the postnup and be determined accordingly.
8

THE COURT: I would say that’s a standing order. I mean an order in effect. 

The order is in effect right now. That’s after the reading.

MS. EVINS: Okay. Okay. Then we’re ready to go.

Despite Ms. Evins’s representation and the circuit court’s acknowledgment that there 

is an order stating that the parties would “abide” by the postnuptial order, we have found 

no such written order in the addendum, supplemental addendum, or record. However, as 

explained below, we find that this alleged order is of no consequence.

At trial, approximately thirteen witnesses were called to testify about events that 

occurred over the previous seven years of litigation, and the trial exhibits totaled 

approximately 370 pages. Instead of recounting all the evidence introduced at the trial, this 

opinion will summarize and review pertinent testimony that is relevant to the parties’ briefed 

arguments in our analysis below.

Vicky testified that she had more recently lived in her residence in Collierville, 

Tennessee, before moving in with her mother. She agreed that she entered into a postnuptial 

agreement shortly before she filed for divorce and that the agreement had stated that the 

parties intended to continue the marriage at the time the agreement was entered into. She 

discussed the details of the postnuptial agreement and how the agreement designated the 

parties’ property was to be distributed.

Vicky stated that the agreement required that one of their properties, Brady Mountain 

Resort, was to be divided equally. However, she stated that it was her belief that when it was 

sold during the pendency of this case, Ned received an amount that was higher than the $3.2 
9

million she received. She further complained that, although she received $15,000 a month 

until the sale of Brady Mountain Resort, the check she received each month was from Bass 

Management rather than from Ned’s personal account. She further stated that Bass 

Management was to pay all her attorney’s fees under the postnuptial agreement unless it was 

alleged that the fees were excessive, in which case, the parties were to agree to mediate any 

dispute. Vicky testified that she would be willing to agree to accept the sum of Ned’s 

attorney’s fees to avoid any dispute about whether her fees were excessive.

Vicky claimed that Ned had been hiding assets. She stated that the parties had owned 

cattle before they separated and that she did not see cattle the last time she was on the 

property. Vicky explained that the parties had an interest in several companies that they had 

formed, including Bass Management, NV International, Inc. (NV International), Winston 

Cup, Inc. (Winston Cup), and Grey Wolf Development, Inc.11 (Grey Wolf). However, she 

stated that she had not received a salary from these entities pending divorce. She asked the 

court to grant her half of the net rental income that Bass Management had received and half 

of any income that NV International and Winston Cup had received.

Vicky asked the circuit court to sell any property that the parties owned through any 

entity. However, she did not want to sell the property next to their marital home that she 

alleged had been conveyed to her son by NV International. She wanted her son to be able 

 

11Our record reflects that this property was sold during this litigation, and on October 

2, 2008, the circuit court filed an order equally distributing funds from the sale of the parties’ 

interest in real property to Vicky and Ned; they each received $9,208.38 from that sale.
10

to keep that property. Vicky acknowledged that a convenience store, Brady Mountain One 

Stop, had been sold. However, she made allegations regarding a secret lease and a 

nonexistent mortgage that Ned had wrongfully claimed. She alleged that she did not receive 

her fair share of this property and even testified that she was suing the buyer of that property. 

Vicky also wanted to be awarded the Collierville home, despite the fact that it had been 

already ordered sold, and to be reimbursed for any improvements she had made to the 

Collierville home.

On cross-examination, Vicky admitted that she received $3.2 million from the sale of 

Brady Mountain Resort; $950,000 for The Landing12 marina in Tarpon Springs, Florida; 

and $125,000 for her stock in Log Cabin Liquor, even though she first denied it. She agreed 

that if Ned had purchased something after the postnuptial agreement, it was his to keep 

under paragraph 13 of the postnuptial agreement as long as he showed which assets were

used to purchase the property.

Regarding Brady Mountain One Stop, Vicky denied that she had been notified by 

her attorney that it was sold at public auction. She also denied that she should be responsible 

for any of the debt service on the property but instead claimed that she was entitled to a 

share of the income that the business realized during the pendency of the divorce. Vicky 

denied that another one of her attorneys shared with her the payment coupons for the debt 

service of that property. Vicky further denied that the attorney’s fees mentioned in the 

 

12This property was sold in 2007 before the parties executed the postnuptial

agreement.
11

postnuptial agreement referred to the closing fees that would be spent by her for the closing

sale of Brady Mountain Resort, even though the sale of that property was contemplated at 

the time the postnuptial agreement was entered.

Vicky stated that she had paid the taxes and mortgage on the Collierville residence 

from the moment she moved in until the time she stopped paying and was held in contempt. 

Even though the postnuptial agreement did not say that Ned would be responsible for the 

loans on the home, Vicky testified that because it stated that the home would be her sole 

residence, she thought that Ned should be responsible for paying the mortgage. She claimed 

she only stopped paying the mortgage because she “ran out of money.” However, Vicky 

admitted that she drove a new Mercedes and has paid her other bills. Vicky claimed that 

she had to sell all her jewelry, luggage, and clothes and now lives with her mother because 

she did not have enough money. She denied that she had a lockbox in California or that 

she had any accounts with her mother, sister, or former fiancé.

Vicky testified regarding her relationship with her expert witness, James Recouper. 

She admitted that she currently had a business relationship with Mr. Recouper and that he 

ran a cabin-rental business. She denied that her business relationship included her buying 

rental cabins after she received money from the divorce. Vicky stated that Mr. Recouper was 

her expert and that he “discovers” things for her. She explained that she had paid him 

$2,500, but he returned $2,000 to her even though he had “over 100 hours into this” and 

had been to Florida to investigate for her. Vicky denied that she had a romantic relationship 

with Mr. Recouper and denied that he spent the night in a hotel room with her despite the 
12

hotel records that were admitted into evidence. She claimed that she stayed in the hotel 

room with her daughter and granddaughter for two nights and that Mr. Recouper spent 

three nights in another room. She testified that she had no idea why there were no hotel 

records of Mr. Recouper staying in another room.

Vicky admitted that she had not paid any marital debt service for the marital 

residence, the farm, or Brady Mountain One Stop. However, she stated that maybe if she 

had received money, she could have paid something back. That said, she stated that she did 

not count what Ned claimed he had paid because he had not provided her with any receipts. 

She stated that she was not willing to pay half of the debt service on the marital home because 

Ned’s girlfriend was living in the home. She stated that Ned’s girlfriend should pay for it. 

Regarding the debt service on the other properties, she claimed that she had never received 

a benefit from those properties and therefore should not be held responsible. She claimed 

that Ned should also be responsible for any mortgages that he forged her name on and be 

personally responsible for a tax lien that is on the marital home.

Vicky’s brother-in-law, Charles Huff, testified that he thought Vicky was a credible 

person. He admitted that he had a disagreement with Ned approximately twenty years ago 

when Ned failed to give him a fee from Ned’s sale of a log home to one of Charles’s partners.

Patricia Jane Haynes, Vicky’s mother, testified that she lived in Collierville, 

Tennessee. Ms. Haynes testified that Vicky lived with her and that she was financially 

assisting Vicky as well. She knew that Vicky had previously been living at a home in 

Collierville and that Vicky had made several improvements to the home over the years. Ms.
13

Haynes testified that she thought Ned was a dishonest person and that he had even broken

her finger in the past.

Elizabeth Huff, Vicky’s sister, also testified that she was concerned with Ned’s 

behavior and did not think he was a truthful person. She remembered that the parties had 

cattle on their marital property and that Vicky had made improvements to the home in 

Collierville. On cross-examination, Elizabeth admitted that Vicky had given her a Lincoln 

Navigator for her birthday after the parties’ separation. She also testified that Vicky took her 

on trips to Greece and Hawaii.

James Recouper testified that he is a real estate appraiser and that he had been 

licensed to appraise property in Florida, Tennessee, Kentucky, and Arkansas. He testified 

that he also owned a log-cabin-rental business in Gatlinburg, Tennessee. He explained that 

Vicky had asked him to assist her in securing documents or appraisals of some property, but 

he admitted that he had not done any appraisals for this case and that he had never testified 

as an expert in Arkansas. Mr. Recouper testified that he reviewed documents for several of 

the properties in this case. He stated that he could not perform an appraisal of the 

Collierville residence because Vicky’s name was not on the trust deed. Mr. Recouper also 

stated that he reviewed the documents from the sale of Brady Mountain One Stop. He stated 

that he never found a recorded mortgage but acknowledged that the circuit court had 

ordered it sold for at least the amount of the mortgage. He observed that Ned had purchased 

the property at the judicial sale for $320,000. Mr. Recouper theorized that Ned had
14

quitclaimed the property to Bass Management before it was then sold to a third party who 

successfully operated the business and later sold it to someone else.

On cross-examination, Mr. Recouper testified that he did not know Vicky was 

represented by counsel when the properties he reviewed were sold. He denied that he stayed 

in a hotel room with Vicky. He claimed that he rented two separate rooms and did not 

know why the hotel did not have a record of it. He denied that he was working on a 

contingency fee based on the outcome of the divorce. He explained that there was no 

understanding as to how much he would receive. Instead, his fee would be based on the 

time and difficulty of each appraisal because of Vicky’s financial situation.

Vicky rested her case.

Ned called Jennifer Carradine as a witness. Ms. Carradine testified that she is a 

manager at the Park Hotel in Hot Springs, Arkansas. She testified that the hotel records 

indicate that the original room that was rented by Mr. Recouper and Vicky, room 301, had 

a queen-size bed. Vicky then had the room upgraded to a king mini suite because she had a 

large dog. Ms. Carradine was not at the hotel when Vicky checked in, but she remembered 

seeing Vicky later with her large dog. She never saw Mr. Recouper or Vicky with any other 

female or adult. She did not have any records of any other room being reserved by Mr. 

Recouper.

Steve Demott testified that he is an attorney and that he owns a title company. He 

explained that Ned hired him to assist with the sale of Brady Mountain Resort, which was 

owned by Bass Management. He explained that he was satisfied that both Ned and Vicky 
15

understood the transaction and that Vicky was represented by her own attorney at the time. 

The buyers required that not only Bass Management sign the certificate of seller in its 

corporate capacity but that Ned and Vicky also personally sign as the sole shareholders. Mr.

Demott explained the sale process and described the executed documents in detail.

Ned testified on his own behalf. Ned stated that he still lived in the marital home. 

He recalled entering into a postnuptial agreement with Vicky at her request. He further 

testified that he had no idea that Vicky would file for divorce shortly after he signed the 

postnuptial agreement. He explained that Vicky had been represented by attorney Sky Tapp 

at that time and that Mr. Tapp also represented her regarding the sale of The Landing, for 

which Vicky received $950,000.

Ned explained in detail the various properties and entities in which the parties had 

an interest over the years. Ned stated that Bass Management had owned Brady Mountain 

Resort and Brady Mountain One Stop. He went on to explain that those properties were 

disposed of and the funds distributed by the circuit court. Vicky and Ned jointly own the 

marital home and adjacent farm. He explained that there were some surviving cows left on 

the property. Ned stated that the parties also purchased land that was adjacent to the marital 

home and that some of the land was owned by NV International, a farming company created

and owned jointly by Ned and Vicky. None of the property owned by NV International had 

been sold at the time of the divorce trial. He acknowledged that the postnuptial agreement 

stated that certain parcels were to be given to the parties’ children, and he asked the circuit 

court to award that property to the children as provided in the postnuptial agreement. Ned 
16

stated that he thought the other parcels needed to be sold. However, he also explained that 

the parties had debt on some of the parcels and that Vicky had refused to help him pay any 

of the marital debt while their divorce was pending. Therefore, he had been paying debt 

service on a monthly basis for their various properties and entities pending their divorce. He 

requested that the circuit court award him half of the money he had expended as a lien 

against any remaining real property when it is sold.

Regarding the Collierville residence, Ned stated that he was never able to sign a 

quitclaim deed to convey the property to Vicky because Vicky refused to pay off the note on 

the home, and his name was on the note and the mortgage. He explained that the note was 

in his name because Vicky was unable to qualify for a loan. They had agreed that she would 

pay the note from the Brady Mountain Resort sales proceeds so he could convey the property 

to her, but she then failed to do so. Ned claimed that the residence had been a financial 

burden to him and that he had just paid the taxes on the property. Ned also explained that 

he assisted Vicky in her move to Collierville. He paid to move five truckloads of items that 

she took with her.

Regarding the attorney’s fees referenced in the postnuptial agreement, Ned testified 

that the provision did not contemplating the payment of attorney’s fees for a divorce. 

Rather, he claimed that the fees were “totally about Bass Management, selling Brady 

Mountain Resort, Brady Mountain One Stop which Brady Mountain One Stop had sold.” 

He explained that the parties were anticipating the sale of Brady Mountain Resort, which 
17

was owned by Bass Management. Therefore, Ned thought Vicky received the money she was 

owed and thought any attorney’s fees she incurred in the divorce was at her own discretion.

Ned denied that he had concealed or hid any assets as Vicky alleged. Ned did, 

however, admit that he forged Vicky’s name on some documents when the bank required 

him to execute new documents so that the bank did not foreclose on the parties’ property 

after Vicky had refused to sign the documents. Ned testified that Log Cabin Liquor was not 

mentioned in the postnuptial agreement because Vicky had previously sold her 25 percent 

ownership in Log Cabin Liquor.

On cross-examination, Ned admitted that he did not personally pay Vicky’s moving 

expenses from his personal bank account but that Bass Management had actually paid them. 

He agreed that he had a girlfriend who was living with him in the marital home. She moved 

into the home in October 2008. She does not pay him rent but takes care of the home since 

he travels at least three days a week. Ned described and provided details regarding the various 

loans and other debts the parties owed. He reiterated that Bass Management did not have 

any money and that Bass Management no longer had a bank account. He also testified that 

NV International no longer had a bank account but that Winston Cup still had an account 

with Summit Bank and First National Bank for credit cards. He had a manager handle those 

accounts. Because Winston Cup did not have any cash flow, he said he had to make up the 

difference each month. Ned rested.

After Ned rested, Vicky’s counsel recalled Mr. Recouper as a witness. He testified 

that he discovered a credit-card transaction that his business paid $170.03 for his hotel stay 
18

for three nights. On cross-examination, he also stated that he paid for a separate room for 

Vicky for only two nights, which was $276. He did not have an explanation as to why his 

room total was less, even though he spent another night.

Joel Nelson Hickson testified that he had worked for Brady Mountain Resort. He 

testified that Ned would routinely pay him in cash and would put cash in the safe rather 

than deposit it in the bank. Mr. Hickson also testified that Ned had created a second set of 

books to show the U.S. Army Corps of Engineers. On cross-examination, Mr. Hickson 

denied that he was testifying voluntarily but was subpoenaed by Vicky. He denied that he 

had received any gifts from Vicky in exchange for his testimony.

Vicky testified that she was not allowed to look at the loans for the Collierville 

residence and was not aware of transactions that occurred in which Ned signed her name. 

She disagreed with Ned’s testimony that she would not cooperate with him. She explained 

that she wanted to “get rid” of marital assets rather than accumulate them. Finally, Vicky 

testified that the $15,000 a month that she received before she received the Brady Mountain 

Resort proceeds was from Bass Management and not from Ned’s personal account.

The court took the case under advisement, and on January 24, 2014, a decree of 

divorce was entered. The decree stated the following pertinent findings:

4. The parties executed a document titled “Post Nuptial or After Marriage 

Agreement” (“the agreement”) in December of 2007. The parties were each 

represented by counsel who also signed and approved the agreement and the 

agreement was witnessed and acknowledged. The agreement was admitted into 

evidence as Plaintiffs Exhibit No. 1. At Trial, neither party contested the validity of 

the agreement. Both parties seek to enforce the agreement according to their post-
19

trial briefs, and the Court finds and Orders that the agreement is valid and 

enforceable with respect to the property and other matters set out in the agreement.

5. There is certain marital property of the parties which is not addressed 

in the agreement of the parties and which is subject to division by the Court, as 

follows:

a). The marital residence of the parties is located at 368 North 

Pearcy Road, Garland County, Arkansas and title is held jointly by the parties. 

The marital residence is subject to a mortgage in favor of Regions Bank in the 

sum of approximately Three Hundred and Thirty-Five Thousand Dollars 

($335,000) at the time of Trial. The 37.82 acres adjacent to the marital 

residence is also owned jointly by the parties. At the time of Trial this property 

was subject to a mortgage in favor of Diamond Bank with a principal balance 

of approximately Three Thousand Two Hundred Dollars ($3,200.00).

b). 19.86 acres adjacent to the marital residence, also owned jointly 

by the parties. There is no mortgage on this acreage.

c). 115.09 acres adjacent to the marital residence. This acreage is 

titled in NV International Investments, Inc. NV International Investments, 

Inc. is a corporation, the stock of which is owned jointly by the parties. The 

corporation is marital property. This acreage is subject to a mortgage in favor 

of B.J. Speers with a principal balance at trial in the sum of approximately 

Seventy Eight Thousand Dollars ($78,000.00).

6. The parties shall be allowed a period of six (6) months from the date of 

this decree to sell the above described real property privately. However, in the event 

the property remains unsold after six (6) months, it shall be sold at public auction to 

the highest bidder. The clerk of this court is hereby appointed commissioner for such 

sale. Sale shall be advertised in a newspaper of general circulation in Garland County, 

Arkansas, by at least one insertion, not less than ten (10) days prior to the date of sale. 

Sale shall occur inside the front door of the Garland County Courthouse. In the 

event the successful bidder is the Plaintiff or a public bidder, such bidder shall provide 

surety for the bid in the amount of ten percent (10%) of the bid, cash or certified 

funds, or a bank letter of credit or corporate surety bond. The closing shall occur 

within ninety (90) days of sale, with interest at five (5%) percent per annum. In the 

event the Defendant is the successful bidder, no bond shall be required; rather, the 

lien of the Defendant for his payment of debt service, insurance, taxes and 

maintenance shall excuse bond on the part of the Defendant.
20

7. The real property identified in Paragraphs 5(a) through 5(c) 

hereinabove shall be sold. From the proceeds of the sale, the expenses of sale and 

mortgage indebtedness shall be paid and the balance of the proceeds paid into the 

Registry of the Court. From such proceeds, the Defendant shall be compensated for 

one half (1/2) of debt service paid by him during the pendency of this divorce and up 

to the date of distribution of final sale proceeds, and shall also be compensated for 

one half (1/2) of insurance, taxes and maintenance paid during such time. The Court 

hereby appoints [CPA] Marla Lammers as receiver for purpose of receiving 

information and documentation of the Defendant in order to verify debt service, 

insurance, taxes and maintenance paid by him. The receiver shall prepare and submit 

to the Court a report indicating the amount determined by the receiver to accurately 

establish debt service, insurance, taxes, and maintenance paid by the Defendant while 

this divorce has been pending and up to the date of the report. The Court shall 

receive and approve the report of the receiver, whereupon the Defendant shall receive 

reimbursement for one half (1/2) of the debt service, insurance, taxes, and 

maintenance from the funds held in the registry of the Court. The remaining balance 

shall be divided equally between the Plaintiff and Defendant.

8. The 62.96 acres adjacent to the marital residence is subject to the 

agreement of the parties and shall remain subject to the agreement. [13]

9. Winston Cup, Inc. is a domestic corporation created in 1999 and it is 

marital property. Winston Cup, Inc. is not mentioned in the agreement of the parties 

and thus is divisible as marital property. The stock of the corporation shall be sold, 

at public auction to the highest bidder. From the proceeds of such sale, the corporate 

debt owed First National Bank in approximate principal sum of Five Hundred FiftySix Thousand Dollars ($556,000.00) shall first be paid. The expenses of sale should 

next be paid, then the Defendant shall be reimbursed for one half (1/2) the debt 

service paid, for Winston Cup, Inc., while this divorce has been pending. The court 

appointed receiver . . . shall verify and report to the court for approval the amount of 

such debt service. The stock of Winston Cup, Inc. shall be sold and advertised along 

with the real property, as set out hereinabove. In the event the Plaintiff is the 

successful bidder, or in the event a public bidder is successful, such bidder shall 

provide surety for the bid in the amount of ten percent (10%) cash or certified funds 

the day of sale, or a bank letter of credit or a corporate surety bond. The closing shall 

occur within ninety (90) days of sale, with interest at five percent (5%). Because the 

Defendant has personally guaranteed the loan and because of the lien of the 

 

13This separate 62.96-acre tract was apparently intended to be gifted or transferred to 

the parties’ children in the future.
21

Defendant for debt service during the pendency of this divorce, no bond or security 

shall be required of the Defendant.

10. The personal property of the parties, the surviving longhorn cows and 

two (2) tractors registered in the name of the NV International Investments, Inc. shall 

likewise be advertised and sold at public sale, at the same times as the real estate and 

stock of Winston Cup, Inc. The successful bidder shall provide security for payment 

by paying ten percent (10%) cash or certified funds the day of the sale, or by bank 

letter of credit, or by corporate surety bond.

11. The residence located in Collierville, Tennessee has been ordered sold.

12. Bass Management, Inc. operated Brady Mountain Resort, the family 

business of the parties. Bass Management, Inc. also operated a convenience store, gas 

station, known as Brady Mountain One Stop. At the time of the parties’ agreement, 

Brady Mountain One Stop had been sold by the parties and is therefore not 

mentioned in the agreement of the parties. At the time of the parties’ agreement, 

Brady Mountain Resort was under contract of sale, as reflected in the parties’ 

agreement. After the agreement was executed, the sale of Brady Mountain Resort was 

closed and the parties each received one half (1/2) of the net proceeds, more than 

Three Million Dollars ($3,000,000.00) each. Also after the parties’ agreement, the 

buyer for Brady Mountain One Stop defaulted and the business was repossessed while 

this divorce was pending. During the course of the divorce, the Brady Mountain One 

Stop was the source of substantial dispute between these parties. Brady Mountain 

One Stop was ordered sold and this court has confirmed the sale. Nothing more 

remains to be done with respect to Brady Mountain One Stop or Bass Management, 

Inc.

13. Log Cabin Liquor, Inc. is a corporation which was originally owned 

one half (1/2) by the Plaintiff and Defendant and one half (1/2) by Rebecca and 

Robert Freeman. The evidence was clear that Vicky Bass sold her stock in the 

corporation to Rebecca Freeman for One Hundred Twenty Five Thousand Dollars 

($125,000.00) February 16, 2007, evidenced by Defendant’s Exhibit No. 2. The 

contention of the Plaintiff at trial was that the Defendant’s interest in Log Cabin 

Liquor, Inc. was not disclosed to her and that under the terms of the agreement of 

the parties the Plaintiff was therefore entitled to receive the Defendant’s interest in 

that corporation. However, the contention of the Plaintiff that Log Cabin Liquor, 

Inc. was “undisclosed or hidden” is clearly wrong. The Plaintiff was fully aware of 

Log Cabin Liquor, Inc. at the time of the agreement; she sold her interest in the 

business months before signing the agreement and received One Hundred Twenty 

Five Thousand Dollars ($125,000.00) as shown by the undisputed evidence.
22

14. The evidence at trial was clear with respect to the two Florida marinas. 

The Parties owned one half (1/2) of the stock in Sea Bass Marine Corp., which 

operated a marina known as The Landing at Tarpon Springs. This marina was sold 

in 2007 and the Plaintiff and Defendant each received Nine Hundred Fifty Thousand 

Dollars ($950,000.00) from the sale. The contention of the Plaintiff at trial and in 

her brief was that because of a claimed irregularity if the documentary stamps, there 

was no sale. However, the Plaintiff and Defendant were both represented by counsel, 

attended closing, and received the money. There was no evidence whatsoever that the 

Defendant maintained any interest in this marina after the closing. The claims of the 

Plaintiff with respect to this marina are not supported by any evidence.

15. The evidence showed that June 1, 2011, Sea Bass, LLC was created as 

a Florida limited liability company (Defendant’s Exhibit No. 21). This LLC currently 

operates a marina known as “Belle Harbor.” The evidence was clear and unrefuted 

that this marina business began long after the agreement of the parties. The 

agreement provides that property acquired after the agreement is the sole and separate 

property of the person who acquires it. The validity of the post nuptial agreement was 

not contested by the parties; in fact, both seek to have it enforced. There was no 

creditable evidence to support a claim to Sea Bass, LLC or Belle Harbor Marina by 

the Plaintiff.

16. The Plaintiff claims she is entitled to money from a corporation of the 

parties, Grey Wolf Development, Inc. She bases this claim on a check received in July 

of 2008. However, this divorce was pending in July of 2008 and the money received 

was the subject of dispute in this divorce, while the Plaintiff was represented by a 

different attorney, and by a different judge. The Court adjudicated the matter and an 

order disposing of the Grey Wolf funds was entered herein October 2, 2008. The 

claim of the Plaintiff to funds related to Grey Wolf Development, Inc. is therefore 

denied.

17. The Plaintiff claims and the Defendant acknowledges that he signed 

her name to certain extensions and renewals of the parties’ mortgage loans during the 

six (6) years this litigation has been pending. Clearly, Mr. Bass should not have signed 

the Plaintiffs name to those documents and the Court disapproves of it. However, 

no evidence was presented which showed or suggested that any financial harm to the 

Plaintiff occurred as a result. The Court denies the claim of the Plaintiff that the 

Defendant should be made solely responsible for those loans as a result of his actions.

18. The Plaintiff contends that there were hidden or undisclosed assets. 

There was little if any evidence to indicate the Defendant had hidden, squandered or 
23

depreciated the value of any of the marital property. The Plaintiff makes these claims 

with respect to The Landing at Tarpon Springs, Grey Wolf Development, Inc., Log 

Cabin Liquor, Inc., Belle Harbor Marina and Brady Mountain One Stop. The 

evidence was clear that the Plaintiff knew of and was directly involved in each of those 

businesses. The Landing sold before the agreement and Plaintiff received Nine 

Hundred and Fifty Thousand Dollars ($950,000.00). The Grey Wolf Development, 

Inc., issue had already been adjudicated by this court. The Plaintiff sold and was paid 

for her interest in Log Cabin Liquor, Inc. before the agreement. Belle Harbor Marina 

did not exist until 2011, years after the agreement of the parties. Brady Mountain 

One Stop was sold at the time of the agreement and has been previously adjudicated. 

The court denies the Plaintiff is entitled to money or property based on alleged 

hidden or undisclosed assets.

19. The actions and inactions of the Plaintiff have cost her and the 

Defendant a great deal of money. Throughout the years that this divorce has been 

pending the Defendant has paid debt service and related expenses to preserve the 

marital assets of the parties, without contribution from the Plaintiff. The Defendant 

is entitled to recover one half (1/2) of the expenses he incurred in “keeping things 

afloat” for the past six (6) years, as set out hereinabove.

20. The Plaintiff seeks thirty thousand ($30,000.00) from the Defendant 

because certain payments made to her pursuant to the agreement of the parties were 

paid from Bass Management, Inc., and not from the Defendant individually. The 

agreement of the parties was executed with the sale of Brady Mountain Resort under 

contract. Brady Mountain Resort was the source of income to the parties at the time 

of the agreement. The agreement contemplated that the payments to the Plaintiff 

were to come from Bass Management, Inc., which operated the Resort until the sale 

was closed. The Court denies any adjustment to the payments made because they 

came from Bass Management, Inc.

21. Each party shall bear their own costs, attorney fees and litigation 

expenses.

Vicky appealed. However, this court dismissed the appeal without prejudice on February 

27, 2015, due to lack of a final order.

III. Relevant Posttrial Pleadings and Facts
24

On remand to the circuit court, Ms. Lammers compiled a report for the purpose of 

settling the financial accounts in this case and submitted it to the court on May 20, 2015. 

She attached multiple exhibits: exhibit A—“Summary of Expenses Paid by Ned from 

December 26, 2007, to August 31, 2014”; exhibit B—“Total Estimated Future Outlay for 

Debt Service and Expenses”; exhibits C and D—“Schedules of Expenses Paid by Ned for the 

One Stop Store”; exhibit E—“Schedule of Garland County Property and Real Estate Taxes 

Paid”; and exhibit F—“Summary of Monthly Maintenance Expenses for 368 North Pearcy 

Road.” Ms. Lammers further indicated in her report that she sent a letter to Vicky’s counsel 

requesting information but that she received no response. Ms. Lammers concluded that 

Ned was entitled to be reimbursed $850,464.52 from Vicky for the period of time from 

December 26, 2007, through August 31, 2014. She additionally determined that Vicky 

needed to pay Ned $7,073.21 a month until the marital property was sold and monthly debt 

service was no longer required as her portion of the expenses.

Vicky objected to Ms. Lammers’s report. Vicky specifically argued that portions of 

Ms. Lammers’s report were “outside the scope of her review.” Ned filed a response 

disagreeing with Vicky’s arguments and quoted the circuit court’s ruling in the divorce 

decree:, “The Defendant is entitled to recover one half (1/2) of the expenses he incurred in 

‘keeping things afloat’ for the past six (6) years, as set out hereinabove.”

Thereafter, on August 12, 2015, having retained new attorneys, Rachael E. Putnam 

and Andy Taylor, Vicky filed a motion for new trial or, in the alternative, motion to amend 

the court’s findings of fact. Importantly, this motion was filed nearly eighteen months after 
25

the divorce decree had been filed. In the motion, Vicky argued that she was entitled to relief 

due to irregularities in the proceedings and errors of law. See Ark. R. Civ. P. 59(a)(1) & (8). 

Specifically, she challenged Judge Williams’s reluctance to recuse himself from the matter as 

well as the conduct of Jack Wagoner, her former attorney in the matter. Vicky also asked 

the circuit court to consider amending its findings of fact pursuant to Arkansas Rule of Civil 

Procedure 52. She argued that the postnuptial agreement was invalid because the stated 

intent of the postnuptial agreement is contrary to the language of the agreement and to the 

parties’ actions, the postnuptial agreement lacked consideration, and Ned failed to disclose 

all his assets. Alternatively, Vicky argued that the divorce decree is “outside the scope of the 

postnuptial agreement.” Ned objected to Vicky’s motion and argued that the motion was 

untimely.

On September 23, 2015, Vicky filed a supplemental motion for new trial or, in the 

alternative, motion to amend the court’s findings of fact. In this supplemental motion, she 

repeated some of her previous complaints and added more specific complaints regarding Ms.

Lammers’s report and attached documents in support of her supplemental motion. Ned 

filed a response on October 7, 2015, and requested that the motion be dismissed. In an 

amended response and supporting brief filed on February 16, 2016, Ned primarily argued 

that Vicky’s motions were untimely and deemed denied, and he raised arguments that were 

not first raised at trial. Vicky filed her reply on March 4, 2016, to which Ned filed a surreply 

and brief in support on March 15, 2016.
26

Vicky additionally filed a combined motion to strike the special master report, motion 

to disqualify Marla Lammers for a conflict of interest, and motion to disgorge Marla 

Lammers’s fees on June 17, 2016. Vicky argued that Ms. Lammers was biased and had a

“pecuniary relationship” with Ned that clouded her findings. She further criticized Ms.

Lammers’s report and requested that the circuit court order Ms. Lammers to refund her fees. 

Ned responded and requested that these motions be denied.

A hearing was held on July 1, 2016, regarding Vicky’s June 17, 2016, motion. At this 

hearing, Vicky was represented by attorneys Rachael Putnam and Austin Rainey of Memphis, 

Tennessee. Ms. Lammers testified that she is a certified public accountant and that she was 

aware of Vicky’s motion to strike her report and to disqualify her. Ms. Lammers testified 

that she does have a number of different business clients to whom she offered her tax 

preparer professional services; however, she did not have any ownership interests in the 

businesses as Vicky alleged. She further testified that she did not think there was anything 

she had done that would be cause to disqualify her from serving as a special master in this 

case. Nevertheless, Vicky’s counsel argued that there was an appearance of impropriety and 

questioned Ms. Lammers’s neutrality. After hearing oral argument, the circuit court orally 

ruled that it was denying Vicky’s motion to strike Ms. Lammers’s report.

Although the circuit court heard oral argument on some of the other pending 

motions, the hearing was continued until December 13, 2016. In the meantime, on July 19, 

2016, Vicky filed yet another supplemental memorandum of facts in support of her motion 

for new trial. In it, she acknowledged that her trial counsel had erroneously stated to the 
27

circuit court that there had been a previous order upholding the validity of the postnuptial 

agreement. She blamed this mistake on her previous attorney, alleging that her former 

attorney had failed to release all her files to her trial counsel. Vicky argued that she was 

entitled to a new trial because the parties were under the mistaken belief that the postnuptial 

agreement was valid. She further argued that there were multiple other factual errors in the 

divorce decree. Ned responded and argued that Vicky’s memorandum was not a 

“supplemental pleading” and that her argument was “nonsense.” Therefore, he requested 

that it be summarily denied.

Vicky further filed an affidavit from CPA Sidney A. Goldstein on August 31, 2016. 

In his affidavit, Mr. Goldstein stated that he had concluded that the marital estate totaled 

$15,772,900 on the basis of an unsworn written representation Ned had made in August 

2007, prior to the parties’ filing for divorce. He further concluded that Vicky was entitled 

to half of the marital estate and that she had failed to receive $2,960,769 that he opined she 

was entitled to receive. Finally, he disagreed with Ms. Lammers’s report and stated that she 

lacked the necessary financial information to accurately report to the circuit court what, if 

any, reimbursement was owed to Ned.

At the December 13, 2016, hearing, the parties presented their remaining testimony 

and oral argument on the pending motions, including Ned’s motion to confirm the report 

and set sale, Vicky’s objections, and Vicky’s motion for new trial or, in the alternative, 

motion to amend the court’s findings of fact. The parties offered the testimony of two 

experts, Ms. Lammers and CPA Goldstein.
28

Ms. Lammers testified that she is a practicing CPA in Hot Springs, Arkansas, and that 

she was appointed by the circuit court to be a receiver in this matter. She explained that she 

reviewed documents and created a report for the court itemizing payments that were made 

to “keep the marital estate afloat.” She requested information from both parties and received 

information from Ned that she compiled into reports that she presented to the circuit court. 

Ms. Lammers stated that Vicky did not provide any records despite her requests. She testified 

in detail about her method and reasoning for making the report calculations. Ms. Lammers 

stated that she “felt like [she] had a broad charge” from the language in the divorce decree 

and included anything that was a “benefit to the marital estate” in her report. She further 

described each offered exhibit in detail. She explained that she wrote a “c” next to the 

confirmed expenses for which she had supporting documentation, such as a receipt or 

canceled check. In other instances, she wrote “unconfirmed” next to the expenses where she

knew the “expense happened” and was “documented” but that she did not have a canceled 

check or other corroborating evidence.

On cross-examination, Ms. Lammers admitted that not every expense she included 

was specifically paid out of Ned’s personal account. She explained that she did include paid

expenses that benefited the marital estate that originated from borrowed money or another 

entity. Vicky’s counsel questioned Ms. Lammers about specific items that were included in 

the report and Ms. Lammers’s rationale for including them. Ms. Lammers also admitted 

that she did not have certain tax returns and schedules to reconcile and include the alleged 

revenues for NV International, Winston Cup, and Bass Management that Vicky’s counsel 
29

referred to during the hearing. Therefore, Ms. Lammers agreed that her report as presented 

may not be accurate because she did not have those documents.

Mr. Goldstein testified that he also reviewed the financial documents and spoke with 

Vicky. He explained that he had prepared the August 31, 2016, affidavit, which was 

admitted into evidence without objection. During his testimony, Mr. Goldstein reiterated 

the statements and conclusion he made in his affidavit. He explained that after hearing Ms.

Lammers’s testimony, he thought his concerns were validated. He disagreed that any 

expenses should be included in the calculations unless they were specifically paid from Ned’s 

personal bank account. On cross-examination, Ned’s counsel questioned Mr. Goldstein 

regarding his reliance on an unsworn financial statement that was written by Ned before the 

filing of divorce and whether the figures represented the fair market value of the assets. Mr.

Goldstein stated that he did not “presume people give a financial statement that’s a lie.” 

Even though he acknowledged that certain assets—specifically, Seabass Marine—listed on the 

financial statement had already been sold, Mr. Goldstein disagreed that it needed to be 

subtracted from his calculations. Mr. Goldstein admitted that he received a $10,000 retainer 

fee from Vicky for his services.

On redirect, Mr. Goldstein testified that he gave Vicky “credit” for all amounts that 

she received in cash from the sale of Brady Mountain Resort and the sale of Seabass Marine. 

He further stated that he “st[oo]d by [his] affidavit.”

The circuit court ultimately denied Vicky’s motions in an order filed on January 27, 

2017. In this order, the circuit court made the following pertinent findings:
30

1. The Defendant’s Motion for Cash Bond, for Attorneys Fees and for 

Judgment by Default filed on September 8, 2015 is granted. The Plaintiff shall post 

a surety bond with the Clerk of this Court in the sum of $75,000, within 10 days 

following entry of this Order. 

2. The Defendant’s Motion for Plaintiff to Begin Payments for Debt 

Service and for Judgment by Default filed on September 8, 2015 is granted in part. 

The Plaintiff shall pay to the Defendant the sum of Six Thousand Seven Hundred 

Sixty Three Dollars and 56/100 ($6,763.56), representing her one-half (1/2) portion 

of the monthly debt service for the marital property remaining to be divided in this 

action, plus Three Hundred Nine Dollars and 65/100 ($309.65) representing her 

one-half (1/2) portion of one-twelfth (1/12) of the annual outlay for the primary 

residence, cattle farm and NV International Investments, Inc. corporate expenses. 

The Defendant shall continue to pay the debt service to the lenders in full. The 

Plaintiff shall be obligated to pay the monthly sum of Seven Thousand Seventy-Three 

Dollars and 21/100 ($7,073.21) on the same day of each month thereafter until the 

property is sold and the monthly debt service is no longer required.

. . . .

4. The Plaintiff’s Motion to Strike Special Master Report, Motion to 

Disqualify Marla Lammers, and Motion to Disgorge Marla Lammers’s Fee filed on 

June 17, 2016 is denied.

5. The Plaintiff’s Motion for New Trial, or in the Alternative, Motion to 

Amend the Court’s Findings of Fact filed on August 12, 2015, the Plaintiff’s 

Supplemental Motion for New Trial, or in the Alternative, Motion to Amend the 

Court’s Findings of Fact filed on September 23, 2015, and the Plaintiff’s 

Supplemental Memorandum in Support of Wife’s Motion for New Trial, or in the 

Alternative, Motion to Amend the Court’s Findings of Fact filed on July 19, 2016 are 

denied.

6. The Defendant’s Motion to Confirm Report and Set Sale filed on June 

23, 2015 is granted. Pursuant to the Decree of this Court entered herein on the 24th

day of January, 2014, certain marital property of the parties is to be sold at public 

auction. The report by Marla Lammers, CPA should be and is hereby approved as 

presented, except for the required revisions set forth hereinbelow more specifically. 

The public auction of the parties’ property as outlined in the Decree of Divorce dated 

January 24, 2015, should be set for the 27th day of April, 2017, at 10:00 . . . a.m., 

which is approximately ninety (90) days from the entry of this Order. No proceeds 

shall be distributed until specifically approved by this Court. 
31

7. The Special Master, Marla Lammers, is hereby Ordered to amend her 

Report to include revenue for NV International Investments, Inc., Winston Cup and 

Bass Management, Inc. during the accounting period as shown by the tax returns and 

K1’s. In addition, the Special Master is hereby ordered to amend her Report to 

identify any instance when an expense was paid by NV International Investments, 

Inc., Winston Cup and Bass Management, Inc., with a brief explanation, including 

what was paid, the amount and the entity which has paid the expense.

Vicky filed a notice of appeal on February 24, 2017. However, we dismissed the 

appeal without prejudice due to the lack of a final order in a published opinion on February 

13, 2019. Bass v. Bass, 2019 Ark. App. 95. The March 5, 2019, mandate ordered Vicky to 

pay Ned $500 for brief costs in the appeal.

While Vicky’s appeal was pending, she apparently retained another attorney, Danny 

Crabtree. On March 18, 2019, Ms. Lammers requested that the circuit court hold a hearing. 

A hearing was held on May 8, 2019. At the hearing, counsel for the parties discussed on the 

record the circuit court’s rulings on several issues after there had apparently been an inchambers discussion. A written order was filed on May 16, 2019. The circuit court ordered 

Ms. Lammers to file an amended report within ninety days, Vicky to pay the past-due balance 

to Ms. Lammers, and both parties to pay Ms. Lammers an additional $2,500 each as a 

retainer for her services.

Ms. Lammers filed her amended report on January 10, 2020, in which she detailed 

the revenue and cash flows of NV International, Winston Cup, and Bass Management. She 

also attached as exhibits multiple documents she used to make her calculations. On February 

14, 2020, Vicky filed an objection to Ms. Lammers’s proposed request for fees for her 
32

services. Vicky further filed her objections to the amended report on March 6, 2020. To 

her objection, she attached an unsworn written statement signed by James Recouper and 

stated that she was incorporating by reference the comments made in the attached statement 

as her objections. She further stated that the “author of the objections will be available to 

testify.” Mr. Recouper criticized the findings in Ms. Lammers’s amended report and 

provided a series of instances in which he alleged Ms. Lammers erred in her calculations and 

misunderstood the facts. He alleged that the amended report failed to comply with the 

circuit court’s order and argued that the circuit court should not rely on the report. In 

summary, he concluded that “the Amended receivers report must be stricken from the 

record, given no weight and the Plaintiff wife paid back for paying for all of the expense on 

the marital or jointly owned by Mr. Bass and Mrs. Bass owned house in Collierville which is 

$265,000.” He also recommended that the funds “should be placed in the register of the 

court and dispersed when the divorce is final.”

In response, Ned filed a motion to strike Vicky’s objections on March 11, 2020. Ned 

argued that Vicky’s objections should be struck as untimely and pursuant to Rule 12(f) of 

the Arkansas Rules of Civil Procedure. Ned further alleged that the written statement 

prepared by James Recouper was hearsay and should be struck from the record. Vicky filed 

her response to the motion to strike on March 26, 2020, and disagreed. She alleged that she 

should be afforded an opportunity to question Ms. Lammers about the amended report 

under oath and to offer testimony and evidence that might contradict the amended report.
33

A final hearing was held on August 18, 2020, during which Ms. Lammers testified. 

Ms. Lammers acknowledged that she was ordered to submit an amended report to include a 

summary of revenues for NV International, Winston Cup, and Bass Management. She also 

looked for any instances of expenses that were paid by those entities. Although she explained 

that she looked at the relevant tax returns, general ledgers, and working trial balances 

prepared by the entities’ certified public accountants, she admitted that she did not examine 

any supporting documentation used by those accountants to prepare the documents she 

reviewed. Her amended report reflected that NV International and Winston Cup both had 

net losses from 2008 through 2014 and that no shareholder distributions were made during 

that time. Bass Management had a net profit of $10,999,034, and $8,019,017 was 

distributed to the shareholders. Ms. Lammers explained that the income was from the 

proceeds of the sale of the marina that was later distributed to the parties.

When asked on cross-examination whether she looked to see whether a utility bill was 

paid by NV International for personal property instead of a business expense, Ms. Lammers 

admitted that she did not look at twenty-one years of utility bills. Instead, Ms. Lammers 

explained that if the tax return reflected a “utility expense,” she assumed that the entity’s 

accountant had coded the expense properly. Ms. Lammers also answered several questions 

regarding the various liabilities, loans, and notes of the entities. Ms. Lammers acknowledged 

that she could not answer whether each note owed was “legitimate” as Vicky’s counsel asked. 

Instead, Ms. Lammers explained that she could only state that it was “on the books” and that 

she examined the tax returns and ledgers.
34

After further inquiry by the circuit court, Ms. Lammers testified that from her 

“efforts” and “audits,” she did not think there was “any cash left that needed to be liquidated 

out” or any further “positive number that’s owed by anyone to anyone.” Therefore, after 

much oral argument and discussion, the circuit court concluded that the calculations made 

in Ms. Lammers’s original report as to the marital expenses did not change.

That said, the parties’ counsel stipulated that instead of calling Vicky’s witness, Mr.

Recouper, to testify regarding his objections to Ms. Lammers’s amended report, the exhibit 

with his comments that Vicky attached to her previously filed exhibits would be “what he 

would testify” at the hearing. Additionally, counsel for both parties discussed several other 

pending matters, and it was agreed that after the discussion and the circuit court’s oral

rulings, Ned’s counsel would prepare a draft final order for the circuit court.

After Vicky filed objections to the proposed order drafted by Ned’s counsel, the 

circuit court filed an order on September 2, 2020, in which it made the following pertinent 

findings:

2. . . . The Special Master presented her Amended Report on January 10, 2020, 

detailing her review of the revenue and cash flows of NV International, Inc., Bass 

Management, Inc., and Winston Cup, Inc. Based on the Amended Report of the 

Special Master, dated January 10, 2020, and further based on the testimony of the 

Special Master and considering the objections of the Plaintiff, the Court accepts 

the Amended Report of the Special Master and finds that the revenue streams 

and cash flows of NV International, Inc., Winston, Cup, Inc., and Bass 

Management, Inc., do not effect the May 20, 2015 Report of the Special Master 

which was accepted and approved by the Court January 27, 2011, and which is 

hereby finally accepted and approved without modification.

3. Calculating pursuant to Paragraphs 7 and 19 of the Court’s Decree of Divorce, 

dated January 24, 2014, the Special Master determined that the Defendant is 
35

entitled to receive reimbursement of Eight Hundred Fifty Thousand Four 

Hundred Sixty Four Dollars Fifty Two Cents, ($850,464.52) from the Plaintiff for 

the period of time from December 26, 2007 through August 31, 2014.

4. By this Court’s Order of January 27, 2017, the Court ordered the Plaintiff to begin 

paying to the Defendant the sum of Seven Thousand Seventy-Three Dollars 

Twenty-One Cents ($7,073.21) per month until the marital property was sold, and 

monthly debt service was no longer required. The Court further ordered the 

Plaintiff to post a bond in the sum of Seventy-Five Thousand Dollars ($75,000.00) 

in order to secure the payment of such debt. For the period of time from February 

1, 2017 through August 1,2020, the Plaintiff owes the Defendant under the terms 

of the Court’s January 27, 2017 Order, the sum of Three Hundred Four 

Thousand One Hundred Forty-Eight Dollars Three Cents ($304,148.03).

5. The Special Master is ordered to calculate the Plaintiff’s obligation for the period 

of time beginning September l, 20l4 through this Court’s Order of January 27, 

2017, pursuant to the method and formula utilized in her original Report filed 

herein. This calculation shall be completed within twenty (20) days of entry of 

this Order. The totals for the three (3) time periods shall be added together and 

the total of the three sums shall be paid by the Plaintiff to the Defendant from 

the Plaintiff’s share of the auction sale of the parties’ marital property, based on 

the Decree of Divorce. Upon receipt by the Court of the Special Master’s final 

calculation, the Court shall immediately notify the parties either that it has been 

accepted and approved, or the Court shall schedule a hearing on the Special 

Master’s final calculation, to be held prior to the sale date, October 7, 2020.

6. The Court hereby orders the sale of the parties’ remaining marital property 

consistent with the Decree of Divorce on or before October 7, 2020. The 

proceeds shall be held by the Clerk in the Court’s registry pending a specific order 

of distribution by this Court. The Special Master’s Original Report and Amended 

Report dated January 10, 2020, are hereby specifically approved and accepted.

7. The Motion of the Defendant to strike the objections of the Plaintiff was 

withdrawn by agreement of the parties.

. . . .

9. The Special Master, Marla Lammers, is owed the sum of Eleven Thousand Six 

Hundred Eighty-Nine Dollars Seventy-Five Cents ($11,689.75), as of January 14, 

2020. This sum is to be paid equally by the parties within ten (10) days of the 

date of this Order.
36

A notice of commissioner’s sale was filed on September 23, 2020, and the circuit 

court filed an order confirming the receiver’s final report as presented on September 24, 

2020. The circuit court further ordered the previously ordered sale to take place on October 

7, 2020. In an amended order filed on October 16, 2020, the circuit court granted Ms.

Lammers $13,789.75 in fees and ordered each party to pay one-half of the fees within ten 

days. After the sale of the marital properties, Ned filed a motion to confirm the sale at public 

auction on October 20, 2020, which the circuit court granted on October 28, 2020. The 

circuit court found that the real property was sold by the appointed commissioner for 

$412,000. The circuit court further made the following relevant findings:

2. The Circuit Clerk of Garland County, Arkansas, acting as Court appointed 

Commissioner did further sell all of the stock of the corporation, Winston Cup, 

Inc., for the sum of Three Hundred Ten Thousand Dollars ($310,000.00); and, 

the said Commissioner did sell certain cattle, for the sum of Eight Thousand 

Dollars ($8,000.00), a Massey Ferguson Tractor for the sum of Ten Thousand 

Dollars ($10,000.00) and a John Deere Tractor for the sum of Five Thousand 

Dollars ($5,000.00).

3. The purchaser at the auction, for the real estate and all personal property was the 

Defendant, Benton Ned Bass. According to the Decree of Divorce entered herein, 

no bond was required of the Defendant.

4. The Defendant, Benton Ned Bass, does not owe any amount in payment because 

the Plaintiff is indebted to the Defendant in the sum of One Million Three 

Hundred Fifty One Thousand Six Hundred Seventy Five Dollars Sixty Four Cents 

($1,351,675.64) pursuant to the approved Receiver’s report and Order of this 

Court entered September 24, 2020. The Decree of Divorce and this Court’s 

Order of September 2, 2020, provide that this sum is to be paid to the Defendant 

from the Plaintiff’s share of any sale proceeds.
37

5. The Court authorizes the Commissioner to issue a Commissioner’s Deed for the 

real property and a Commissioner’s Bill of Sale for the personal property, to 

Benton Ned Bass.

IT IS THEREFORE ORDERED that the Sale at Public Auction be approved and 

confirmed, and that the Commissioner issue a Commissioner’s Deed for the real 

property and a Commissioner’s Bills of Sale for the personal property to Benton Ned 

Bass. It is further ordered that the Commissioner’s fee and expenses shall be paid 

equally by the parties within ten (10) days of this Order.

This appeal followed.

IV. Standard of Review

On appeal, this court reviews divorce cases de novo on the record. Taylor v. Taylor, 

369 Ark. 31, 250 S.W.3d 232 (2007). Moreover, we will not reverse a circuit court’s finding 

of fact in a divorce case unless it is clearly erroneous. Id. A finding is clearly erroneous when 

the reviewing court, on the entire evidence, is left with a definite and firm conviction that a 

mistake has been made. Chekuri v. Nekkalapudi, 2020 Ark. 74, 593 S.W.3d 467. We also 

give due deference to the circuit court’s determination of the credibility of the witnesses and 

the weight to be given to their testimony. Id.

V. The Validity of the Postnuptial Agreement

In her first point on appeal, Vicky seeks reversal of the circuit court’s finding in the 

divorce decree that the postnuptial agreement was valid and enforceable. Vicky argues that 

even though “one of her attorneys attempted to withdraw” her challenge, she had challenged 

the validity of the postnuptial agreement both before the final hearing and in her motions 

after the final hearing. Vicky further claims that she was “stopped from challenging” the 

postnuptial agreement at the final hearing “based upon an alleged finding by the prior judge” 
38

that the postnuptial agreement was valid. She explains that the sitting judge’s determination 

was in error and that the record does not reflect any prior order finding that the postnuptial 

agreement valid. Finally, Vicky argues that the postnuptial agreement was invalid for the 

following three reasons: (1) there was no mutual agreement to stay married as contemplated 

in the postnuptial agreement; (2) there was a lack of consideration; and (3) Ned had failed 

to fully disclose all financial information. In summary, Vicky complains that she was “denied 

the opportunity to challenge” the validity of the postnuptial agreement and that she would 

have shown that the postnuptial agreement was invalid. We disagree.

It is undisputed that the parties in this case entered into a postnuptial agreement that 

can be held to be valid and binding. A postnuptial agreement is an agreement entered into 

during marriage to define each spouse’s property rights in the event of death or divorce and 

is analyzed under contract law. Stewart v. Combs, 368 Ark. 121, 243 S.W.3d 294 (2006); 

Simmons v. Simmons, 98 Ark. App. 12, 249 S.W.3d 843 (2007). In fact, Vicky and her 

attorneys drafted the postnuptial agreement.

In this case, Vicky changed her legal position as to whether the postnuptial agreement 

was enforceable or unenforceable in various pleadings and at various hearings as set forth 

above. However, at trial, Vicky introduced the postnuptial agreement without limitation or 

reservation as her own exhibit despite her earlier protestation in her second amended 

complaint. Each party testified extensively regarding the terms of the postnuptial agreement 

and introduced evidence regarding the value and ownership of certain properties specifically 

addressed in the postnuptial agreement. Regardless of whether a previous judge may have 
39

stated in a previous hearing that the parties had agreed to “abide” by the postnuptial 

agreement, it is clear from the record that each party had the opportunity to present evidence 

and to be heard on the issue of whether the postnuptial agreement was valid and enforceable. 

An appellant cannot complain on appeal that the circuit court erred if the appellant induced, 

consented to, or acquiesced in the court’s position. Colquitt v. Colquitt, 2013 Ark. App. 733, 

431 S.W.3d 316. From the evidence introduced and arguments presented, the circuit court 

specifically held that the postnuptial agreement was valid and enforceable. Paragraph 4 of 

the decree of divorce states the following:

The parties executed a document titled “Post Nuptial or After Marriage Agreement” 

(“the agreement”) in December of 2007. The parties were each represented by 

counsel who also signed and approved the agreement and the agreement was 

witnessed and acknowledged. The agreement was admitted into evidence as 

Plaintiff’s Exhibit No. 1. At Trial, neither party contested the validity of the 

agreement. Both parties seek to enforce the agreement according to their post-trial 

briefs, and the Court finds and Orders that the agreement is valid and enforceable 

with respect to the property and other matters set out in the agreement. 

Further, while Vicky argued on appeal that the postnuptial agreement was invalid for

the following three reasons: (1) there was no mutual agreement to stay married as 

contemplated in the postnuptial agreement; (2) there was a lack of consideration; and (3)

Ned had failed to fully disclose all financial information, Vicky did not raise these specific 

issues until her posttrial brief. Because Vicky’s arguments are untimely, we summarily 

dispose of these arguments. See, e.g., Switzer v. Shelter Mut. Ins. Co., 362 Ark. 419, 208 S.W.3d 

792 (2005); Tate-Smith v. Cupples, 355 Ark. 230, 134 S.W.3d 535 (2003); Lee v. Daniel, 350 

Ark. 466, 91 S.W.3d 464 (2002).
40

Therefore, contrary to Vicky’s arguments, Vicky was not prohibited from challenging 

the validity of the postnuptial agreement as she argues, and there is no indication that the 

circuit court clearly erred in its finding that the postnuptial agreement was “valid and 

enforceable with respect to the property and other matters set out in the agreement.” As 

such, we affirm on this point.

VI. Property Division

Next, Vicky argues that, assuming the postnuptial agreement is valid, the circuit court 

failed to follow the agreement. She specifically takes issue with numerous distributions and 

findings made in the divorce decree. Generally, she argues that the circuit court failed to 

equally divide the marital property as “intended by the postnuptial agreement and the law.” 

We disagree and address each of her arguments individually.

A. Marital Residence, Adjacent Acreage, and NV International

Vicky’s first argument is that the court erred in finding that the marital residence and 

adjacent tracts of land were not addressed in the postnuptial agreement. Vicky is correct in 

her assertion; however, despite the factual misstatement by the court, we conclude that such 

misstatement did not lead to clear error as explained below.

The court made the following misstatement in paragraph 5 of the divorce decree: 

“There is certain marital property of the parties which is not addressed in the agreement of 

the parties and which is subject to division by the Court, as follows: . . .” (Emphasis added.) 

The court thereafter listed the following property: (a) the marital residence located at 368 

North Pearcy Road in Garland County, Arkansas, and adjacent 37.82 acres jointly owned 
41

by the parties; (b) 19.86 acres adjacent to the marital property and jointly owned by the 

parties; and (c) 115.09 acres adjacent to the marital residence owned by NV International. 

That statement is partially incorrect. The marital residence and the adjacent 37.82 acres and 

19.86 acres were addressed in the postnuptial agreement. However, the 115.09 acres

adjacent to the marital residence owned by NV International arguably was not specifically 

addressed in the postnuptial agreement.

14

1. The marital residence and jointly owned adjacent land

The parties jointly owned the marital residence located at 368 North Pearcy Road, 

Hot Springs, Arkansas. There were three tracts of land adjacent to the residence. The parties 

jointly owned the adjacent 37.82-acre tract and the adjacent 19.86-acre tract. A company 

jointly owned by the parties, NV International, owned the 115.09-acre tract. Paragraph 8 of 

the postnuptial agreement provides that “HUSBAND and WIFE shall equally divide all net 

proceeds from the sale of the marital residence and land located at 368 North Pearcy Road. . . .” 

(Emphasis added.) It is unclear from the agreement whether the phrase “the sale of the 

marital residence and land” includes the 37.82-acre tract and the 19.86-acre tract jointly 

owned by the parties and the 115.09-acre tract owned by NV International. Further, the 

agreement does not define “net proceeds” nor the manner in which to calculate the “net 

proceeds.”

 

14This can be construed as a factual error in the decree; however, it was harmless error 

and is not grounds for reversing the circuit court’s disposition of the marital residence and 

adjacent property. See Keathley v. Yates, 232 Ark. 473, 338 S.W.2d 335 (1960). 
42

On the other hand, the circuit court clearly determined the sale to include the marital 

residence and all three tracts of land adjacent to the marital residence in its order for division, 

as follows: 

5. There is certain marital property of the parties which is not addressed 

in the agreement of the parties and which is subject to division by the Court, as 

follows:

(a) The marital residence [and the adjacent 37.82-acre tract,] . . . 

(b) [The adjacent 19.86-acre tract, and] . . .

(c) [The 115.09-acre tract titled in NV International.]

6. The parties shall be allowed a period of six (6) months from the date of 

this decree to sell the above described real property privately. However, in the event 

that the property remains unsold after six (6) months, it shall be sold at auction to 

the highest bidder. . . .

7. The property identified in Paragraphs 5(a) through 5(c) shall be sold. From 

the proceeds of the sale, the expenses of sale and mortgage indebtedness shall be paid 

and the balance of the proceeds paid into the Registry of the Court. From such 

proceeds, [Ned] shall be compensated for one half (1/2) of the debt service paid by 

him during the pendency of this divorce and up to the date of the distribution of 

final sale proceeds, and shall also be compensated for one half (1/2) of the insurance, 

taxes and maintenance paid during such time. The court hereby appoints Marla 

Lammers as receiver for the purpose of receiving information and documentation of 

[Ned] in order to verify debt service, insurance, taxes and maintenance paid by [Ned]. 

. . . The remaining balance shall be divided equally between [Vicky] and [Ned].

While a court has no authority to modify a couple’s independent contract, the 

contract is still subject to judicial interpretation. Klenakis v. Klenakis, 2017 Ark. App. 36, 

510 S.W.3d 821. When reviewing the circuit court’s interpretation of the agreement, the 

first rule is to give to the language employed the meaning that the parties intended. Rowan 

v. Rowan, 2022 Ark. App. 143, 643 S.W.3d 62. In construing any contract, we must consider 
43

the sense and meaning of the words used by the parties as they are taken and understood in 

their plain and ordinary meaning. Id. Ambiguities in a written contract are construed strictly 

against the drafter. Yepez v. Yepez, 2022 Ark. App. 31; Emis v. Emis, 2017 Ark. App. 372, 

524 S.W.3d 444. Here, Vicky’s attorney drafted the postnuptial agreement; therefore, any 

ambiguity in the agreement is to be strictly construed against Vicky. Finally, circuit courts 

are charged with achieving equity in divorce cases. See Jones v. Jones, 2014 Ark. 96, 432 

S.W.3d 36.

The heart of Vicky’s argument is that the circuit court erred in allowing Ned to be 

compensated for his one-half of expenses incurred in maintaining the marital residence and 

land during the pendency of the divorce. Vicky argues that such compensation “is nothing 

more than temporary alimony.” In essence, the postnuptial agreement provided that the 

marital residence and land should be sold with the net proceeds divided equally between the 

parties. That is contrasted with the decree of divorce that provided that the marital residence 

and land should be sold and the remaining balance divided equally between the parties. The 

only significant difference between the postnuptial-agreement distribution and the decreeof-divorce distribution is that in the decree of divorce, the court allowed Ned to be 

compensated from the sales proceeds in the amount of one-half of any costs he expended in 

maintaining the residence and land during the multiyear pendency of the divorce. Further, 

to remain objective, the circuit court appointed a receiver to review the documentation of 

the amounts paid by Ned and present a report to the court. That is precisely what occurred. 

The court appointed Marla Lammers as the receiver. She requested that each party provide 
44

her with any evidence of funds expended during the pendency of the divorce to maintain 

this property so that she could determine each party’s contributions and compensation, if 

any. Ned submitted evidence of certain expenses he funded. Vicky did not. Ms. Lammers 

testified that she had sent a letter to both Vicky and Vicky’s attorney requesting information 

about any debts Vicky may have paid for purposes of one-half compensation. Ms. Lammers 

testified that she did not receive a response to her letter. Ms. Lammers then stated she 

followed up the letter with a phone call but that she never received any records from Vicky 

or her attorney. Accordingly, from the evidence submitted, the receiver generated a report 

that was ultimately relied on by the court. As such, the circuit court’s ultimate division of 

the marital residence and the 37.82-acre tract, the 19.86-acre tract, and the 115.09-acre tract 

was not clearly erroneous.

15

2. NV International

Vicky next argues that the court erred in its division of NV International. This is 

essentially the same argument set forth in the preceding section. NV International was 

jointly owned by Vicky and Ned, and it owned the 115.09-acre tract adjacent to the marital 

residence. The postnuptial agreement did provide, “Likewise, upon the sale of NV 

INTERNATIONAL INVESTMENTS, all funds or money or consideration given for said 

sale shall be divided equally between HUSBAND and WIFE[.] . . .” Again, the agreement 

 

15Vicky also contends that the postnuptial agreement implies that any sale of the 

property was to be accomplished only by private sale. We disagree. A reading of the 

postnuptial agreement shows that it does not provide for, or imply, any required method of 

sale.
45

did not define the assets of NV International, nor did it define the manner in which the sale 

of any assets should occur. Accordingly, the circuit court distributed the sales proceeds from 

this adjacent tract in the same manner as it distributed the sales proceeds from the marital 

residence and the adjacent 37.82- and 19.86-acre tracts, and we cannot find that the court 

clearly erred in its division of NV International.

B. Debt Service

Vicky next seeks reversal on the basis of the circuit court’s decision to order the 

proceeds from the sale of real property to first be placed in the registry of the court to allow 

Ned to deduct the amount he expended toward debt service on their property during the 

pendency of the divorce with the remaining proceeds to be divided equally between the 

parties. She emphasizes that the postnuptial agreement merely provides that the proceeds of 

the sales would be equally divided between the parties. Again, this is yet another slant on 

the court’s decision to allow Ned compensation for funds he expended during this multiyear 

litigation in maintaining the marital property, which we have previously analyzed and 

affirmed.

In this case, the postnuptial agreement did not specifically address how the debt 

service of the property would be handled. It is highly unusual for divorces to remain pending 

for as many years as this case has, and under the circumstances here, we affirm the circuit 

court’s interpretation of the postnuptial agreement. The net proceeds of any sale are 

necessarily affected by the amount of debt the parties reduced during the pendency of the 

divorce. Thus, it was not an error to give Ned credit for this debt service.
46

C. Attorney’s Fees and Costs

Vicky also argues that the circuit court erred when it ordered both parties to pay their 

own costs and fees in the divorce decree. Vicky argues that the postnuptial agreement clearly 

provided that Bass Management (a company jointly owned by the parties) would pay all 

attorney’s fees in the event of divorce “unless each agree that such fees are excessive.” Again, 

we find no clear error under the circumstances. Bass Management originally owned Brady 

Mountain Resort and Brady Mountain One Stop. However, those properties had been sold 

and the proceeds distributed to the parties before trial. At trial, Ned testified that Bass 

Management did not have any money and that Bass Management no longer had a bank 

account. Moreover, the court-appointed receiver, Ms. Lammers, later testified that from her 

“efforts” and “audits,” she did not think Bass Management had “any cash left that needed 

to be liquidated out.” In the decree, the circuit court found that “[n]othing more remains 

to be done with respect to . . . Bass Management, Inc.” Therefore, under the circumstances, 

Bass Management no longer had any funds from which the circuit court could order it to 

pay Vicky’s attorney’s fees. As such, we cannot find clear error and affirm.

D. Collierville Residence (Not the Marital Residence)

Another point of contention raised by Vicky is that the circuit court ordered that her 

Collierville, Tennessee, residence be sold in violation of the postnuptial agreement. We 

agree that the postnuptial agreement provided that the Collierville residence would be her 

“sole and separate property.” However, the postnuptial agreement did not require Ned to 

pay the mortgage or any other expenses for the Collierville residence, which was to be 
47

“purchased by WIFE.”16 The court’s order requiring the sale and Vicky’s failure to profit 

from the sale of the Collierville residence did not contravene the postnuptial agreement.

Instead, the circuit court had previously ordered Vicky to make the note and mortgage 

payments on the Collierville residence. However, Vicky failed to make the payments as 

ordered. In its September 10, 2013, order, the circuit court found Vicky in contempt for 

failing to pay the note and mortgage on her residence in Collierville in the amount of 

$51,000, which Ned had paid. It also found that she was in contempt of court for accessing 

a line of credit through the parties’ joint bank account in the amount of $4,000. The court 

allowed her the opportunity to purge herself of contempt by paying Ned $55,000. Vicky 

failed to pay the money as ordered, and the circuit court ordered the Collierville residence 

sold as a result of her inaction. The circuit court filed a revised order appointing a receiver 

to sell the property on December 20, 2013, and an order confirming the sale of the 

Collierville residence on January 30, 2014. Unfortunately, the sale did not result in any 

additional funds that the circuit court could have then awarded Vicky, and Ned, in fact, had 

to pay the outstanding debt after the funds from the sale were applied. Under these 

circumstances, we find no clear error and affirm.

 

16The postnuptial agreement actually provided that Ned would pay $15,000 a month 

and “be solely responsible for the Tennessee residence note . . . until the closing and actual 

receipt of the funds from the sale of Brady Mountain Resort . . . .” The distribution of the 

sales proceeds from Brady Mountain Resort occurred on April 8, 2008, when the circuit 

court filed an order equally distributing to Ned and Vicky $2,734,270.36 each from the sales

proceeds. As such, Ned had no responsibility to make the mortgage payments after April 8, 

2008, per the postnuptial agreement.
48

E. Brady Mountain One Stop

Vicky also seeks reversal of the circuit court’s findings in the divorce decree that 

“[n]othing more remains to be done with respect to Brady Mountain One Stop[.]” Vicky 

contends that Ned ultimately was allowed to repurchase Brady Mountain One Stop for less 

than fair market value using assets from NV International. She alleges that there was no 

confirmation of sale to Ned and that the records did not reveal a mortgage on Brady 

Mountain One Stop that needed to be satisfied upon the sale in the first place. She basically 

argues that Ned manipulated the evidence to receive Brady Mountain One Stop as his sole 

property without benefit to her. She therefore argues that Brady Mountain One Stop is still 

marital property that should be disposed of by the circuit court. Vicky misstates the facts, 

and we decline to reverse on this basis.

Recall that Brady Mountain One Stop was not producing sufficient income to pay its 

expenses, and Ned petitioned the court to sell the property. In the decree, the circuit court 

found that Brady Mountain One Stop had been sold and that the court had confirmed its 

sale. The record reflects that the circuit court ordered Brady Mountain One Stop to be sold 

at public auction to the highest bidder. At auction, the bidding did not reach the stated 

reserve, which was the approximate amount of the mortgage debt owed First National Bank. 

However, Ned individually was the highest successful bidder and offered to purchase the 

property subject to the current mortgage in anticipation of paying it off or refinancing. 

Therefore, the circuit court filed an order confirming the public sale on August 19, 2013, 

and Ned took the property subject to the mortgage free and clear of Bass Management’s 
49

interest. At trial, Ned introduced a copy of the original mortgage with First National Bank 

that he had signed on behalf of Bass Management in 2004. Before he subsequently sold the 

property to a third party, Ned admitted at trial that he had to substitute collateral because 

he did not have the funds to satisfy the mortgage at that time. He testified that because he 

did not want to encumber anything Vicky would have an interest in under the postnuptial 

agreement, he mortgaged the 62 acres that the children were to receive under the postnuptial 

agreement and told both children before he did so. He testified that he also told his children 

that he would pay it off as soon as he could afford to do so. Importantly, the divorce decree 

states that the 62 acres he mortgaged “shall remain subject to the [postnuptial] agreement” 

in paragraph 8. In light of this evidence, Vicky’s arguments on appeal lack merit, and we 

cannot conclude that the circuit court’s finding that “[n]othing more remains to be done 

with respect to Brady Mountain One Stop” was clearly erroneous. As such, we affirm.

F. Log Cabin Liquor

Vicky next challenges the disposition of Log Cabin Liquor. Vicky sold her interest 

in the business for $125,000 before she signed the postnuptial agreement. However, she 

argued at trial that Ned’s interest in the corporation was not fully disclosed to her, and she 

seeks reversal of the finding that she was aware of Ned’s interest in the corporation. Again, 

the circuit court heard extensive evidence on this point. Contrary to her assertions, the 

circuit court found that her contention that Ned’s interest in “Log Cabin Liquor, Inc. was 

‘undisclosed or hidden’ is clearly wrong.” It further found that Vicky “was fully aware of Log 

Cabin Liquor, Inc. at the time of the agreement; she sold her interest in the business months 
50

before signing the agreement and received One Hundred Twenty-Five Thousand Dollars 

($125,000.00) as shown by the undisputed evidence.” On the record before us, the court’s 

findings are not clearly erroneous.

G. Unfair Division of Property

Finally, under this point, Vicky argues that the division of property was unfair and 

ignored the spirit of the parties’ agreement. In support, she emphasizes that there were 

documents to indicate that Ned had a net worth of $15,722,900 and that Vicky received a 

distribution of only $4,925,681 in the divorce. However, her argument lacks merit. The 

document on which Vicky relies indicating Ned’s net worth was unsworn, dated in 2007, 

and first introduced in the disposition of Vicky’s motion for new trial. Moreover, Ned 

responded that the 2007 document did not consider the difference between fair market value 

and liquidation value of the assets and that the document also included assets that had been 

subsequently sold. Again, on this record, we find no reversible error and affirm the circuit 

court’s findings.

VII. Expenses

As discussed above, the divorce decree required Vicky to pay Ned one-half of the

expenses he incurred “keeping things afloat” during the pendency of the litigation. Ms.

Lammers was appointed to determine the amount Vicky owed Ned. Ms. Lammers issued 

her report and amended reports, Vicky objected to them, and after extensive testimony, the 

circuit court reached a final figure that Vicky was required to pay Ned.
51

In her final point on appeal, Vicky challenges, in general, the sum reached by Ms.

Lammers and adopted by the circuit court. Her arguments for reversal can be classified as 

complaints that the court’s findings were clearly erroneous because they were based on Ms. 

Lammers’s reports, which were unreliable and biased. She emphasized that Ms. Lammers’s 

report was based primarily on information from Ned and that it was unclear whether Ned 

actually paid certain expenses himself—instead, it appeared as though certain corporate 

entities paid some expenses. She also argued that Ned must have removed cash and other 

assets. She alleges that Ned had been removing cash from Brady Mountain Resort, and she 

also points to her testimony that she thought more cattle should have been on the marital 

property than Ned testified remained. Vicky criticizes Ms. Lammers’s methodology and 

calculations and alleges that Ms. Lammers “jumped to a conclusion that favored” Ned 

without complete information. As support for her arguments, she calls attention to the 

testimony of her own expert, Mr. Goldstein, and requests that we reverse and remand. We 

decline to do so.

Ms. Lammers submitted her initial report on or about May 20, 2015. Subsequent to 

that initial report, the court held at least four hearings at Vicky’s request: July 1, 2016;

December 13, 2016; May 8, 2019; and August 18, 2020. Ms. Lammers either testified or 

was available for testimony in each of the hearings and was subject to cross-examination by

Vicky’s then attorney. Further, in addition to disagreeing with some of Ms. Lammers’s

conclusions, Vicky retained her own expert witness, Mr. Goldstein, who presented testimony 

that was contradictory to Ms. Lammers’s testimony. At the conclusion of the four posttrial 
52

hearings, after having the benefit of hearing testimony from Ms. Lammers and Mr. Goldstein 

and being able to review the voluminous number of financial records that were admitted 

and discussed at the multiple hearings, the circuit court ultimately agreed with Ms. 

Lammers’s reports and credited her testimony.

Our appellate courts have reiterated that we give due deference to the circuit court’s 

superior position to determine the credibility of witnesses and the weight to be given their 

testimony. See Brave v. Brave, 2014 Ark. 175, 433 S.W.3d 227; Wilcox v. Wilcox, 2022 Ark. 

App. 18, 640 S.W.3d 408; Atherton v. Atherton, 2018 Ark. App. 245, 547 S.W.3d 759. As 

such, the circuit court was free to credit and give greater weight to Ms. Lammers’s testimony 

over Mr. Goldstein’s testimony. On this record, we cannot hold that the circuit court clearly 

erred and committed reversible error. Thus, we affirm the circuit court’s findings.

In conclusion, after reviewing each argument that appellant makes on appeal, we are 

not left with a definite and firm conviction that a mistake has been made, and we affirm the 

circuit court’s orders.

Affirmed.

GLADWIN and BARRETT, JJ., agree.

Richard E. Worsham, for appellant.

Legacy Law Group, by: Bryan J. Reis, Michelle Strause, and Philip B. Montgomery, for 

appellee.