Bullock v. Bullock

733 So. 2d 292, 1998 WL 812322
CourtCourt of Appeals of Mississippi
DecidedNovember 24, 1998
Docket97-CA-00062 COA, 93-CA-01330
StatusPublished
Cited by8 cases

This text of 733 So. 2d 292 (Bullock v. Bullock) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bullock v. Bullock, 733 So. 2d 292, 1998 WL 812322 (Mich. Ct. App. 1998).

Opinion

733 So.2d 292 (1998)

Robert E. BULLOCK, Appellant,
v.
Cecilia R. BULLOCK, Appellee.
Cecilia Reese Bullock, Appellant,
v.
Robert Earl "Bob" Bullock and Bullock Construction Company, Appellees.

Nos. 97-CA-00062 COA, 93-CA-01330.

Court of Appeals of Mississippi.

November 24, 1998.
Rehearing Denied February 23, 1999.
Certiorari Denied May 27, 1999.

*294 T. Jackson Lyons, Jackson, for Appellant.

James A. Becker, Jr., Susan L. Steffey, Jackson, for Appellee.

Before BRIDGES, C.J., and HERRING and HINKEBEIN, JJ.

BRIDGES, C.J., for the Court:

¶ 1. This Court has been called upon to consider the reasonableness of the financial disposition of a divorce judgment entered in the Chancery Court of Hinds County dissolving the marriage of Robert E. Bullock and Cecilia R. Bullock. Mr. Bullock has appealed, complaining that the trial court erred (1) in awarding lump sum alimony in the amount of $300,000, (2) in failing to offset the award by the amount of the parties' joint liability to Bullock Construction Company; and (3) in awarding attorney fees. Mrs. Bullock has filed a cross-appeal of the chancellor's decision regarding the denial of permanent periodic alimony and the amount of the attorney fees awarded. After a careful review of the record, we find the chancellor did not abuse her discretion. Accordingly, we affirm.

FACTS

¶ 2. Robert (Bob) and Cecilia were married June 27, 1970, in Starkville, Mississippi. Both earned degrees from Mississippi State University, Bob in accounting and Cecilia in education. The parties lived together as husband and wife until July 1991, when Bob filed for divorce. Two children were born of the marriage. Both children reached the age of majority during these proceedings.

¶ 3. When Bob and Cecilia were first married, Bob worked as an accountant for the CocaCola Company in Atlanta. Cecilia, a homemaker, was the primary care giver to the children. While residing in Atlanta, Bob and Cecilia formed Bullock and Bullock Residential Contractors, Inc., specializing in building and designing houses. Cecilia managed the business from the marital home. During approximately three years in operation, Bullock and Bullock built six or seven houses in the Atlanta area.

¶ 4. Bob returned to Jackson in October 1979 to assist his ill father, Earl Bullock, in his commercial construction business, Bullock Construction Company, Inc. The actual *295 terms upon which Bob was to return to Jackson were negotiated and finalized by Cecilia and Earl Bullock before the move was made. Cecilia followed Bob to Jackson a few months later. Eventually, Bob became president and a major shareholder of the closely-held corporation.

¶ 5. After their return to Jackson, Cecilia founded Historical Replications, Inc., in which she was the sole shareholder. Cecilia received approximately $32,000 in salary and fringe benefits as president of Historical Replications. The record is replete with the financial difficulties suffered by Historical Replications because of a spec house that did not sell for three years. Bullock Construction Company loaned to or paid on behalf of Historical Replications $79,030.03 to keep the business afloat.

¶ 6. Adding to the parties' financial problems was the construction of the marital home which was completed in 1987 at a cost of $480,000. The construction costs were financed by a mortgage lender and Bullock Construction Company. Bullock Construction Company held a second mortgage on the house. The deed of trust to Bullock Construction Company was signed by Bob and Cecilia. The promissory note evidencing the debt was signed by Bob.

¶ 7. In July 1991, Bob filed for divorce. Bullock Construction Company sued Historical Replications in that same month for the $79,030.03 arising out of the loans and advances to Historical Replications. The two actions were consolidated for determination of all the issues regarding Cecilia, Bob, and Bullock Construction Company.

¶ 8. The first decree granting the irreconcilable differences divorce of Robert E. Bullock and Cecilia R. Bullock was reversed and remanded by this Court to the Chancery Court of Hinds County for resolution of the following issues: (1) the amount of alimony (lump sum or permanent alimony) and property settlements to be awarded; (2) whether attorney fees would be awarded to either party for the prior divorce action; (3) the disposition of personal property of the litigants; (4) the disposition of marital debts; (5) the liability for payment of marital income taxes; and (6) whether an insurance policy (a life insurance policy on Bob Bullock or health insurance for Cecilia Bullock) should be provided. Undisturbed were the previously stipulated issues: the parties' agreement to a divorce on the ground of irreconcilable differences, all matters concerning child custody and support, and the sale of the marital residence.

¶ 9. After a protracted trial, the chancellor carefully considered the evidence presented and made the following findings of fact and conclusions of law on the record:

¶ 10. Historical Replications was indebted to Bullock Construction Company in the amount of $58,900.43 as evidenced by valid promissory notes. Bullock Construction Company's remaining claim for $20,100 was not supported by a promissory note and, therefore, was denied.

¶ 11. Prior to the divorce, Bob earned in excess of $175,000 annually as president of Bullock Construction Company.

¶ 12. The valuation of Bullock Construction Company was fully litigated by the parties. Using the valuation of Cecilia's expert witness who testified that the net worth of the business was $972,545, the trial court adjusted the calculation to set the net worth of Bullock Construction Company between $500,000 and $700,000.

¶ 13. Due to its occurrence shortly after the divorce action was filed, the trial court found the April 1992 investment of $300,000 by Bob's mother, Mary Bullock, into Bullock Construction Company was an attempt to place the corporation out of Bob's control by making Mary the majority stockholder. The court found Bob controlled the company and its assets and operations.

¶ 14. The trial court found that the net worth of Historical Replications ($120,000) was significantly less than Bullock Construction Company. Cecilia received approximately *296 $32,000 from the company as income and fringe benefits, but had no retirement funds. She earned about $3,000 to $4,000 more teaching an adult enrichment class.

¶ 15. Applying the guidelines of Ferguson v. Ferguson, 639 So.2d 921 (1994), and Hemsley v. Hemsley, 639 So.2d 909 (1994), the chancellor determined that Cecilia was entitled to $300,000 lump sum alimony only. Bob was given a credit for $24,000 paid during the pendency of the earlier appeal and was ordered to pay $76,000 in twenty days from the date of the final judgment of divorce; $50,000 on the first day of September 1997; $50,000 payable on the first day of September 1998; $50,000 payable on the first day of September 1999; and a final payment of $50,000 payable on the first day of September 2000. Bob was also ordered to obtain a life insurance policy on his life to secure the lump sum alimony payments.

¶ 16. Bob was ordered to pay Cecilia $8,340 in his retirement benefits pursuant to a Qualified Domestic Relations Order.

¶ 17. The trial court further found that nothing in the record established that the marital home would have sold for a fair market value of $450,000 to $550,000, making the reversal of the sale of the marital home a moot issue.

¶ 18.

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Bluebook (online)
733 So. 2d 292, 1998 WL 812322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bullock-v-bullock-missctapp-1998.