Crisler v. Crisler

963 So. 2d 1248, 2007 WL 2421725
CourtCourt of Appeals of Mississippi
DecidedAugust 28, 2007
Docket2006-CA-00933-COA
StatusPublished
Cited by6 cases

This text of 963 So. 2d 1248 (Crisler v. Crisler) 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
Crisler v. Crisler, 963 So. 2d 1248, 2007 WL 2421725 (Mich. Ct. App. 2007).

Opinion

963 So.2d 1248 (2007)

Alfred N. CRISLER, Appellant
v.
Adele Rawls CRISLER, Appellee.

No. 2006-CA-00933-COA.

Court of Appeals of Mississippi.

August 28, 2007.

*1250 J. Peyton Randolph, Jackson, attorney for appellant.

Michael Hartung, Laura Skeen Kuns, Jackson, attorneys for appellee.

Before MYERS, P.J., ISHEE, ROBERTS and CARLTON, JJ.

ROBERTS, J., for the Court.

STATEMENT OF THE CASE

¶ 1. Following the divorce of Alfred and Adele Crisler in 1999, a dispute arose as to the interpretation of a paragraph within the parties' property settlement agreement pertaining to the sale of property and the distribution of the proceeds. Mr. Crisler took the stance that, in accordance with his interpretation of the property settlement agreement, he was under no duty to give Mrs. Crisler her share of the proceeds until the entire property was sold, while Mrs. Crisler argued she was entitled to compensation after each partial sale. Additionally, each party, with their own interpretation of the property settlement agreement, disagreed upon what Mrs. Crisler's portion of the sale proceeds should be. After a hearing on the matter, the Chancery Court of Hinds County held in favor of Mrs. Crisler. Aggrieved, Mr. Crisler now appeals.

FACTS AND PROCEDURAL HISTORY

¶ 2. On September 29, 1999, after fifty years of marriage, the Crislers were granted a divorce on the ground of irreconcilable differences in the final judgment of the Chancery Court of Hinds County. At the time of their divorce, Mr. Crisler was a successful practicing attorney in the Jackson area and Mrs. Crisler was a homemaker. Incorporated into the final judgment was a property settlement agreement (Agreement) between the parties. The instant appeal is concerned with the interpretation and application of a portion of the Agreement, namely paragraph 13.2, titled "Airport Road Property." The paragraph spoke to the property's sale and distribution of the proceeds, and stated as follows:

Upon sale of the Airport Road Property, consisting of 42.89 acres, Al [Mr. Crisler] shall pay Dell [Mrs. Crisler] $300,000.00 of the net proceeds of the sale as a part of her equitable distribution from this martial estate. This distribution is based upon a sales price of $1.50 per square foot, which would result in Al receiving $400,608 and Dell receiving $300,000. If the property sells for more than $1.50 per square foot, then the net proceeds of the sale in excess of $1.50 per square foot shall be divided equally between the parties. Al and Dell shall pay their pro rata share of all income taxes generated by said sale.

Pursuant to the Agreement, on January 19, 2000, Mrs. Crisler executed a quit claim deed and in exchange Mr. Crisler executed a deed of trust on Mr. Crisler's one-quarter interest[1] in the property securing Mrs. Crisler's interest in the property as expressed in the Agreement.

¶ 3. In June of 2001, 6.36 acres of the Airport Road Property was sold for $170,208.17. Mr. Crisler voluntarily paid Mrs. Crisler $50,000 from the proceeds of the sale, and she executed a partial release with respect to the 6.36 acres. In July of 2005, 17.29 acres was sold to the Airport Parkway Commission. Mr. Crisler received *1251 $560,000 from this sale, which included $23,375 in compensation for what was identified as "Damages: Southern Parcel containing 6.99 Acres" by the Airport Parkway Commission. Subsequent to this sale, Mr. Crisler deposited the total $560,000 into an interest bearing account, and filed a petition for a preliminary and permanent injunction and specific performance of the Agreement against Mrs. Crisler on September 6, 2005, with the Chancery Court of Hinds County. Within his petition, Mr. Crisler requested a preliminary injunction enjoining Mrs. Crisler from disposing of the funds in the account without agreement of the parties or order from the court; a permanent injunction enjoining Mrs. Crisler from delaying disbursement of the funds or any additional funds from future sales; specific performance of the Agreement between the parties; and disbursement of the $23,375 to Mr. Crisler. In response, Mrs. Crisler filed her motion for contempt and declaratory judgment on September 15, 2005. Mr. Crisler would eventually file a motion for summary judgment, to which Mrs. Crisler would respond.

¶ 4. On February 13, 2006, a hearing was held in the Chancery Court of Hinds County on all pending motions. In an order dated May 1, 2006, the trial court denied Mrs. Crisler's motion for contempt and Mr. Crisler's motion for summary judgment, but granted Mrs. Crisler's motion for declaratory judgment finding paragraph 13.2 ambiguous as to whether Mr. Crisler's duty to pay Mrs. Crisler arose after each partial sale or only upon the sale of the entire property, and held that the parties' intent was to share proceeds after each partial sale. The trial court also held that paragraph 13.2 was unambiguous as to the financial apportionment of the proceeds, and that Mrs. Crisler was entitled to 42.82%[2] of each sale of the property as well as one-half of all net proceeds of each sale in excess of $1.50 per square foot. From this order, Mr. Crisler now appeals.

ANALYSIS

¶ 5. Our standard of review of a determination of ambiguity, or the lack thereof, of a contract, and its subsequent interpretation is two-tiered. Whether a contract is ambiguous is a question of law which we review de novo. Tupelo Redevelopment Agency v. Abernathy, 913 So.2d 278(¶ 12) (Miss.2005). If an ambiguity is found to exist, its interpretation is a matter for the trier of fact which we review under a substantial evidence/manifest error standard. Id.

I. WHETHER THE CHANCELLOR ERRED AS A MATTER OF LAW BY DETERMINING THAT THE PROPERTY SETTLEMENT AGREEMENT WAS AMBIGUOUS WITH RESPECT TO MR. CRISLER'S DUTY TO PAY MRS. CRISLER UPON SALE OF LESS THAN THE COMPLETE AIRPORT ROAD PROPERTY.

¶ 6. The parties' disagreement stems from their separate interpretations of the following portion of paragraph 13.2: "[u]pon sale of the Airport Road Property, consisting of 42.89 acres, Al [Mr. Crisler] *1252 shall pay Dell [Mrs. Crisler] $300,000.00 of the net proceeds of the sale. . . ." Mr. Crisler claims that the clause only requires him to pay Mrs. Crisler her portion of the proceeds upon the completed sale of the entire 42.89 acre property. Mrs. Crisler disagrees and argues that Mr. Crisler is required to divide the proceeds upon each and every partial sale of the property. The chancellor held the clause to be ambiguous. In finding that Mrs. Crisler's interpretation was in-line with the parties' intentions, the chancellor found that Mr. Crisler's interpretation was contrary to common sense as he could sell all but a fraction of the property and never be obliged to pay Mrs. Crisler any of the proceeds. The chancellor further found that the overall Agreement favored Mrs. Crisler and that the Agreement as a whole sought to limit the necessity of future contact.

¶ 7. Ambiguity arises when a reasonable person could have understood the terms of a contract to have more than one reasonable meaning. Farmland Mut. Ins. Co. v. Scruggs, 886 So.2d 714(¶ 13) (Miss. 2004). Here, the portion of paragraph 13.2 is, as identified by the trial court, subject to more than one reasonable interpretation. Namely, whether Mr. Crisler's duty to pay Mrs. Crisler her portion of the proceeds only arises upon sale of the entire property or upon each partial sale of the land. As such, ambiguity exists as to this portion of paragraph 13.2.

II.

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Cite This Page — Counsel Stack

Bluebook (online)
963 So. 2d 1248, 2007 WL 2421725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crisler-v-crisler-missctapp-2007.