Bowen v. Bowen

982 So. 2d 385, 2008 WL 2139549
CourtMississippi Supreme Court
DecidedMay 22, 2008
Docket2007-CA-00045-SCT
StatusPublished
Cited by62 cases

This text of 982 So. 2d 385 (Bowen v. Bowen) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowen v. Bowen, 982 So. 2d 385, 2008 WL 2139549 (Mich. 2008).

Opinion

982 So.2d 385 (2008)

Joe M. BOWEN
v.
Betty Carol BOWEN.

No. 2007-CA-00045-SCT.

Supreme Court of Mississippi.

May 22, 2008.

*387 Clement S. Benvenutti, Louis, attorney for appellant.

Thomas Wright Teel, Biloxi, attorney for appellee.

Before SMITH, C.J., CARLSON and DICKINSON, JJ.

CARLSON, Justice, for the Court.

¶ 1. Joe and Betty Bowen were granted a divorce on the ground of irreconcilable differences. Unable to agree upon an equitable division of property, the Bowens filed a consent to adjudicate all other disputes in the Chancery Court for the First Judicial District of Harrison County. Aggrieved by the chancellor's judgment on these remaining issues, Joe Bowen appealed to this Court. Finding no error, we affirm the chancellor's judgment.

FACTS AND PROCEEDINGS IN THE TRIAL COURT

¶ 2. Joe M. Bowen (Joe) and his first wife, Donna Bowen (Donna), divorced in February 1986. During their marriage, Joe and Donna had purchased the Bay View Marina in Bay St. Louis in Hancock County. Upon their divorce, Joe paid Donna one-half of the appraised value of the marina, which was $200,000, to acquire Donna's interest.

¶ 3. Joe and Betty Carol Rhoades (Betty) began dating and cohabiting in May 1986. Joe and his brother Don owned the Bay View Marina in partnership as J & D Enterprises. Joe and Betty lived in rental homes until Joe built a residence at the marina sometime between 1993 and 1994. After about nine years of cohabiting, Joe and Betty married on November 22, 1995. Joe and Don operated the business at the marina at the time of the marriage, with Joe owning eighty percent of the business and Don owning twenty percent. At the time of the marriage, Joe and Don were attempting to sell the marina for $1,000,000. In December 1996, the marina sold for the asking price of $1,000,000. Don was paid $200,000 cash, while Joe received $200,000 cash and a promissory note in the amount of $600,000.00. The note provided for 180 payments of $5,280.84 each, at an interest rate of 8.25%. The principal balance at the date of trial was $367,219.08. Joe and Betty had been married about thirteen months before the sale of the marina.

¶ 4. After the sale of the marina, Joe purchased a home where he and Betty lived until September 1998. Joe then purchased a home in Long Beach, titled in both his and Betty's names, where the couple lived until their separation on May 1, 2003.

*388 ¶ 5. Betty filed her complaint for divorce in the Chancery Court for the First Judicial District of Harrison County on May 27, 2003, and requested a no-fault divorce, or, in the alternative, a divorce on the ground of habitual cruel and inhuman treatment. On June 19, 2003, Joe filed his answer, stating that the parties should be granted a divorce on the ground of irreconcilable differences.

¶ 6. On June 20, 2003, Betty filed a financial statement pursuant to Uniform Chancery Court Rule 8.05 wherein she stated: (1) that her net monthly income totaled $1,099; (2) that her monthly expenses totaled $2,775; and (3) that her liabilities totaled approximately $11,000 in unpaid medical bills. Betty's financial statement did not specify the total value of all assets. Also on June 20, 2003, Joe filed his financial statement, wherein he stated: (1) that his net monthly income totaled $5,423.66; (2) that his monthly expenses totaled $3,092.80; (3) and that his liabilities included $43,000, the remaining balance on the mortgage of the marital home. Joe's financial statement also did not specify the total value of all the assets.

¶ 7. On July 2, 2003, the chancellor entered a temporary order enjoining the parties from disposing of the assets. This order stated that the parties were to have joint use of the marital home, but that Joe would pay the note, taxes, and insurance on the residence. Joe was also to pay Betty's expenses and insurance. Both Joe and Betty were granted the use of their respective vehicles, although Joe was to pay the notes, taxes, and insurance on both vehicles.

¶ 8. On November 20, 2003, Betty filed a motion for temporary relief wherein she alleged that Joe was not paying what he was ordered to pay and also requested a temporary restraining order barring Joe from disposing of the assets.

¶ 9. On January 8, 2004, the chancellor entered a nunc pro tunc temporary order, wherein he ordered that Joe not dispose of the assets, granted Joe use and possession of the marital home, ordered Joe to pay the bills in his financial declaration and Betty's medical insurance, ordered Joe to pay Betty temporary alimony in the amount of $1,828 monthly, and granted the parties the use of their respective vehicles. Joe also was ordered to pay $1,828 for the month of December in monthly installments of $300 until paid in full.

¶ 10. On January 21, 2004, Betty filed a motion for citation for contempt, wherein she alleged that Joe had not complied with the nunc pro tunc order, failing to pay all monies owed her. On February 20, 2004, Betty filed another motion for citation for contempt, again alleging that Joe had not complied with the nunc pro tunc order, failing to pay all monies owed her. On June 29, 2004, Betty filed a motion for contempt and for sanctions, again alleging that Joe failed to comply with the nunc pro tunc order and failed to answer discovery.

¶ 11. On February 22, 2005, Joe filed another Rule 8.05 financial statement, wherein he stated:(1) that his net monthly income totaled $5,532.30; (2) that his total monthly expenses were $3,252; and (3) that his total liabilities included $43,000, the balance owed on the mortgage of the marital home. Again, Joe did not specify the total value of his assets. However, he listed the following: (1) a joint checking account with his son Mark containing a balance of $5,442.46; (2) a joint checking/savings account with son Alan containing a savings balance of $7,337.49 and a checking balance of $1,427; (3) four Stifel, Nicolaus & Co., Inc. accounts containing a total of $110,971.55; and (4) a Scottrade, Inc. account containing 100 shares of Hancock Holding Company. Also on February *389 22, 2005, Joe and Betty filed a consent to adjudicate, agreeing to sign all documents for a divorce on the ground of irreconcilable differences and allowing all other issues to be decided by the chancellor.

¶ 12. On February 22, 2005, Chancellor Sanford R. Steckler presided over a hearing. Joe testified that he had suffered a stroke and could not remember details well; that he had not disposed of any assets, specifically his accounts, because he had paid the court-ordered monies to Betty out of the accounts; that from the date Betty moved in with him, she had made very little money at her jobs and that he had supported her financially, as he made much more money than she did; that during the thirteen months of marriage that he owned the marina, Betty did not have an outside job and assisted him by working there, including answering the telephone, taking notes, and working with the gas hoses; and that during that year, he "did the same things that she did" and additionally worked with the boats and helped the mechanic with repairs.

¶ 13. Steven Lee Rhoades (Steven), Betty's son, testified that he previously had worked at the Bay View Marina for Joe;[1]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kris Alexander v. Leanna Scarbrough
Court of Appeals of Mississippi, 2025
Joseph Adam McDonald v. Casi Pruwitt
Court of Appeals of Mississippi, 2025
Michael Hutson v. Jacob Hutson and Theresa Hutson
Court of Appeals of Mississippi, 2023
W. Fred Hornsby, III v. Jane Burgundy Hornsby
Court of Appeals of Mississippi, 2022
Terry Lynn Alves-Hunter v. Seth Hunter
Court of Appeals of Mississippi, 2022
Mary Montgomery v. Glen W. Montgomery
Court of Appeals of Mississippi, 2022
John Doe v. Jane Doe
Court of Appeals of Mississippi, 2021
Luther Greer and Brandi Greer v. Sandra Akers
Court of Appeals of Mississippi, 2021
Cynthia Johnson Dean v. Jeffrey Scott Dean;
Court of Appeals of Mississippi, 2020
Christopher Walter Pond v. Wanda Carleen Pond;
Court of Appeals of Mississippi, 2020
Tiffany Michelle Cox v. Ryan Michael Upchurch
Court of Appeals of Mississippi, 2020
John Poisso Jr. v. Deborah Poisso
Court of Appeals of Mississippi, 2020
Peter A. Kolf v. Stan Authement
Court of Appeals of Mississippi, 2019
Edward William Speights, III v. Kimberly Daniels Speights
270 So. 3d 968 (Court of Appeals of Mississippi, 2018)
Vanessa Marie Pevey v. Dallas Kent Pevey, Jr.
270 So. 3d 250 (Court of Appeals of Mississippi, 2018)
Ramona Baker v. Nakia Baker
250 So. 3d 502 (Court of Appeals of Mississippi, 2018)
John William Mayton v. Jane Oliver
247 So. 3d 312 (Court of Appeals of Mississippi, 2017)
Jaime C. Parrish v. Paul R. Parrish
245 So. 3d 519 (Court of Appeals of Mississippi, 2017)
Jeffrey Jack Stroh v. Nancy Jane Zehr Stroh
221 So. 3d 399 (Court of Appeals of Mississippi, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
982 So. 2d 385, 2008 WL 2139549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowen-v-bowen-miss-2008.