Bryan v. Bryan

2009 OK CIV APP 77, 221 P.3d 146, 2009 Okla. Civ. App. LEXIS 56, 2009 WL 3430189
CourtCourt of Civil Appeals of Oklahoma
DecidedAugust 13, 2009
Docket106,785. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2
StatusPublished

This text of 2009 OK CIV APP 77 (Bryan v. Bryan) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryan v. Bryan, 2009 OK CIV APP 77, 221 P.3d 146, 2009 Okla. Civ. App. LEXIS 56, 2009 WL 3430189 (Okla. Ct. App. 2009).

Opinion

JANE P. WISEMAN, Vice Chief Judge.

¶1 Annette Bryan (Wife) appeals from an order of the trial court denying her request to delay granting her divorcee from Victor Dewayne Bryan (Husband). The issue on appeal is whether the trial court abused its discretion or ruled against the clear weight of the evidence in denying Wife's request to delay ruling on the divorce until May 6, 2009, so that she could become eligible for "full medical, commissary, and exchange privileges." After review of the record on appeal and applicable law, we find the trial court did not err and affirm its decision.

FACTS AND PROCEDURAL BACKGROUND

1 2 Husband filed a petition for dissolution of marriage on June 12, 2007. The petition states Husband and Wife married on May 5, 1989, and he now requests dissolution of the marriage based on irreconcilable incompatibility. Wife requested additional time to file her answer due to change of counsel. The trial court granted her leave for additional *148 time to file her answer and counterclaim which she filed on June 12, 2008.

¶3 At the trial held October 1, 2008, Husband testified about Wife's long history of alcohol abuse. In addition, Husband testified that while he understood Wife wanted to delay making the divorce final until May 2009, he did not want to do so because he was "ready to move on with life." At the conclusion of the examination of Husband, the trial court set the next day of trial for November 10, 2008.

¶ 4 During the trial on November 10, 2008, Husband re-affirmed he wanted the divorce granted rather than waiting until May 2009. He testified that delaying the proceedings would cost him additional time and money, but acknowledged it would be no further expense to him if Wife received the indefinite medical benefits.

15 During the trial in November 2008, Wife again requested the trial court to delay granting the divorce until May 6, 2009. She testified that if she remained married to Husband for 20 years (which would occur on May 5, 2009), the medical benefits she received through Husband would continue indefinitely.

T 6 At the conclusion of the trial, the court rendered its decision in which it divided the property, awarded Wife a portion of Husband's military retirement pay, awarded custody of the children to Husband with visitation rights to Wife, ordered Wife to pay child support to Husband, and ordered Husband to pay alimony subject to a eredit in the amount of the child support. The trial court also ruled that it understood the argument and reasons for Wife's requested delay until May 6, 2009, but declined to delay its decision.

7 Wife appeals only the trial court's decision denying her request to delay ruling on the divorcee until May 6, 2009.

STANDARD OF REVIEW

§8 Actions for divorce, alimony and division of property are matters of equitable cognizance. Brazil v. Brazil, 2007 OK CIV APP 108, ¶ 8, 171 P.3d 325, 327. We will not disturb the order of the trial court "absent an abuse of discretion, or a finding that the decision is clearly contrary to the weight of the evidence." Watkins v. Watkins, 2007 OK CIV APP 122, ¶ 4, 177 P.3d 1114, 1116.

ANALYSIS

I. Wife's Issue on Appeal.

19 Wife contends that the trial court abused its discretion "when it denied [her} request for the divorce to be final on May 6, 2009 at which time the parties would have been married for twenty years, enabling [Wife] to full medical, commissary and exchange privileges at no cost to and without objection by [Husband]." Wife argued at trial that her request for delaying the divorcee would cost Husband no additional money and that Husband did not object to her receiving the medical benefits if she were married for twenty years.

10 Husband points out that, although he testified that he does not object to Wife receiving the medical benefits if she were married 20 years, he did object to Wife's request to delay the ruling on the divorcee. Husband admitted that it would not cost him anything if Wife received the medical benefits, but it was expensive to continue making trips to court. Husband also objected to Wife's request for the delay because he wanted to "move on with life."

¶11 In response to Wife's argument on appeal, Husband first contends that Wife fails to cite any case law to support her proposition that the trial court had discretion to "intentionally delay the rendering of decisions." Husband also argues that the trial court had no discretion to delay the ruling because it would deny him "speedy justice and would quite likely be done without due process of law and in a denial to him ... of equal protection of the laws." He further asserts the trial court had no discretion to delay the ruling because it would violate Rule 27 of the Rules for the District Courts, 12 ©.8.2001, ch. 2, app., which requires decisions to be made within sixty days of the date the matter is taken under advisement. Rule 27 further provides, "The Chief Justice may extend the deadline for a decision upon sworn application for an extension of time of the *149 trial judge setting forth with specificity the reasons therefor." Id.

I 12 Wife relies on Ward v. Ward, 1957 OK 242, 317 P.2d 254, for the general proposition that a divorcee action is one of equitable cognizance, and an appellate court will not disturb the trial court's ruling unless it is found to be an abuse of discretion or against the clear weight of the evidence. She also cites Pickens v. State, 2001 OK CR 3, ¶ 21, 19 P.3d 866, 876, for the proposition that a ruling on the admissibility of evidence will not be disturbed absent a clear abuse of discretion. Wife further cites C.L.F. v. State, 1999 OK CR 12, ¶ 5, 989 P.2d 945, 946, and Andrew v. State, 2007 OK CR 23, 164 P.3d 176, for the definition of "abuse of discretion."

¶ 13 We do not agree with Husband that the trial court does not have discretion to determine when a divorcee is to be granted. It is well-established that dissolution of marriage, in all its facets, is a matter of equitable cognizance left to the sound discretion of the trial court. When a trial court has discretion to determine such an issue, its decision will not be reversed absent an abuse of that discretion.

¶ 14 None of the authorities cited by Wife, however, addresses what constitutes an abuse of discretion in determining the date on which a divorcee is granted or in refusing to delay the granting of a divorce as urged by Wife. We need not on appeal "consider assignments of error unsupported by convincing argument or authority, unless it is apparent without further research that they are well taken." Beets v. Metropolitan Life Ins. Co., 1999 OK 15, n. 7, 995 P.2d 1071.

¶ 15 Wife's challenge to the trial court's decision denying her request to delay the divorce is not facially apparent, and we find no basis to deviate from this general rule. Wife has failed to persuade us that the trial court abused its discretion in its decision to proceed with granting the divorcee and denying Wife's request for an almost six-month delay. The trial court's decision to grant the divorce as of November 10, 2008, is affirmed.

II. Husband's Motion to Dismiss Wife's Appeal.

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Related

Pellow v. Pellow
714 P.2d 593 (Supreme Court of Oklahoma, 1986)
Wilks v. Wilks
1981 OK 91 (Supreme Court of Oklahoma, 1981)
Beets v. Metropolitan Life Insurance Co.
1999 OK 15 (Supreme Court of Oklahoma, 2011)
Pickens v. State
2001 OK CR 3 (Court of Criminal Appeals of Oklahoma, 2001)
Watkins v. Watkins
2007 OK CIV APP 122 (Court of Civil Appeals of Oklahoma, 2007)
Pierce v. Pierce
2001 OK 97 (Supreme Court of Oklahoma, 2001)
Ward v. Ward
1957 OK 242 (Supreme Court of Oklahoma, 1957)
Andrew v. State
2007 OK CR 23 (Court of Criminal Appeals of Oklahoma, 2007)
Brazil v. Brazil
2007 OK CIV APP 108 (Court of Civil Appeals of Oklahoma, 2007)
Noram Energy Corp. v. Oklahoma Tax Commission
1996 OK CIV APP 5 (Court of Civil Appeals of Oklahoma, 1996)
C.L.F. v. State
1999 OK CR 12 (Court of Criminal Appeals of Oklahoma, 1999)

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Bluebook (online)
2009 OK CIV APP 77, 221 P.3d 146, 2009 Okla. Civ. App. LEXIS 56, 2009 WL 3430189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-v-bryan-oklacivapp-2009.