Dorsey v. Dorsey

972 So. 2d 48, 2008 WL 73635
CourtCourt of Appeals of Mississippi
DecidedJanuary 8, 2008
Docket2006-CA-00328-COA
StatusPublished
Cited by8 cases

This text of 972 So. 2d 48 (Dorsey v. Dorsey) 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
Dorsey v. Dorsey, 972 So. 2d 48, 2008 WL 73635 (Mich. Ct. App. 2008).

Opinion

972 So.2d 48 (2008)

Kelli Ann DORSEY, Appellant
v.
Billy Wayne DORSEY, Appellee.

No. 2006-CA-00328-COA.

Court of Appeals of Mississippi.

January 8, 2008.

*50 John W. Christopher, attorney for appellant.

John Robert White, Ridgeland, attorney for appellee.

Before MYERS, P.J., GRIFFIS and CARLTON, JJ.

MYERS, P.J., for the Court.

¶ 1. Kelli Dorsey seeks review of the chancellor's findings, claiming the chancellor committed manifest error, first, in determining that the business, Engineered Systems, Inc. (ESI), and a five-acre parcel of land, Lot Six, were Billy Dorsey's separate property and did not qualify as marital assets. Second, Kelli claims that the chancellor committed manifest error in her division of marital assets. Next, Kelli requests review of the chancellor's denial of her request for alimony. Finally, Kelli asserts on appeal that the chancellor incorrectly denied her request for attorney's fees and costs incurred during trial. Finding no error, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. Billy Wayne Dorsey and Kelli Ann Dorsey were married on March 22, 1986. There were three children born of the marriage: Daniel Scott Dorsey, born September 26, 1985, Shawn Christopher Dorsey, born June 16, 1987, and Sarah Nicole Dorsey, born November 17, 1993. Kelli was employed at both Valley Bank and at ESI before returning to school and obtaining her nursing degree. Billy took over ESI from his father and is the present owner of ESI. The parties separated on June 29, 2004, and Kelli was granted a divorce on October 10, 2005, on the grounds of Billy's habitual drunkenness.

¶ 3. The chancellor determined in her findings that neither Billy's company, ESI, nor the five-acre plot of land donated to him by his family transmuted into marital property. The chancellor further denied Kelli's request for alimony and her request for attorney's fees and expenses incurred during trial.

¶ 4. Following the trial, Kelli filed a motion for new trial or, in the alternative, a motion for amendment of the judgment on October 20, 2005. Kelli, aggrieved with the chancellor's findings, timely filed this appeal.

STANDARD OF REVIEW

¶ 5. "When [an appellate court] reviews a chancellor's decision in a case *51 involving divorce and all related issues, our scope of review is limited by the substantial evidence/manifest error rule." Yelverton v. Yelverton, 961 So.2d 19, 24(¶ 6) (Miss.2007) (citing R.K. v. J.K., 946 So.2d 764, 772(¶ 17) (Miss.2007)). Therefore, we will "not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous or a clearly erroneous standard was applied." Yelverton, 961 So.2d at 24(¶ 6). With regard to matters dealing with divorce, custody, and child support, we will "respect a chancellor's findings of fact which are supported by credible evidence and not manifestly wrong." R.K., 946 So.2d at 772(¶ 17). Further, with regard to the standard of review used when looking at a chancellor's division of property and assets, a "chancellor's division and distribution will be upheld if it is supported by substantial credible evidence." Owen v. Owen, 928 So.2d 156, 160(¶ 10) (Miss.2006). "The award of attorney fees in divorce cases is left to the discretion of the chancellor, assuming he follows the appropriate standards." Creekmore v. Creekmore, 651 So.2d 513, 520 (Miss.1995) (citing Adams v. Adams, 591 So.2d 431, 435 (Miss.1991)). Further, neither party is entitled to fees unless the requesting party "has established the inability to pay." Creekmore, 651 So.2d at 520 (citing Dunn v. Dunn, 609 So.2d 1277, 1287 (Miss.1992)).

DISCUSSION

I. WHETHER THE CHANCELLOR COMMITTED MANIFEST ERROR IN THE DIVISION OF MARITAL ASSETS, SPECIFICALLY, CLASSIFYING ENGINEERED SYSTEMS, INC., AND THE FIVE ACRE PARCEL OF LAND AS SEPARATE PROPERTY.

¶ 6. First, Kelli asks this Court to review whether the chancellor's determination that both ESI and the five-acre parcel of land were Billy's separate property was manifestly erroneous. Billy argues that the chancellor did not commit manifest error and her determination was proper. This Court is asked to consider whether the chancellor committed manifest error in determining that neither the business nor the land lost its identity as Billy's separate property and became marital assets by transmutation.

¶ 7. Kelli argues in her appeal that both ESI and Lot Six were used in such a manner that caused them to lose their identity as Billy's separate property and instead became commingled, transforming into marital assets. Kelli contends that she contributed to ESI by performing clerical and bookkeeping services, which in turn caused ESI to become a marital asset. Kelli further explains she was not compensated by ESI during the nine-year period of time she worked at both ESI and Valley Bank, her previous employer. Kelli further argues that her personal funds were used to pay for ESI's expenses and debts, as well as taxes on the Lot Six property. Kelli argues with regard to Lot Six that the entire family used and maintained the land, which converted it into a marital asset. Kelli asserts this evidence established that ESI and Lot Six were used for domestic purposes and as such became marital assets.

¶ 8. The facts are undisputed that ESI was given solely to Billy by his father, Jackie Dorsey. Billy argues that this company was, at all times, his separate property and never became part of the marital assets. Further, a five-acre parcel of land, Lot Six, was also given solely to Billy by Engineered Environmental Equipment, Inc., which was owned by his brothers. Billy argues that this, too, is his separate *52 property and the chancellor was correct in her decision awarding the property to him. Billy argues that the record and case law support the chancellor's determination that both ESI and Lot Six remained Billy's separate property. Billy argues there was no documentary evidence introduced at trial which established that property taxes for Lot Six were paid out of marital funds. Further, Billy contends that Kelli introduced no testimony concerning the amount of time the family used Lot Six for recreational purposes after it was transferred to Billy. Further, with regard to ESI, Billy argues the chancellor was correct in finding that Kelli failed to show the court that personal and business expenses were so interwoven as to cause ESI to have transmuted into marital property. Further, Billy asserts that the chancellor's determination was correct that his infrequent use of business equipment for personal endeavors did not cause ESI to became a marital asset.

¶ 9. When dividing marital assets, "the chancellor must first classify [the parties'] assets and liabilities as belonging to the marriage, to the husband, or to the wife." Smith v. Smith, 856 So.2d 717, 719(¶ 8) (Miss.Ct.App.2003) (citing Hemsley v. Hemsley, 639 So.2d 909, 914 (Miss. 1994)). The chancellor must then evaluate how to divide the marital assets of the parties using the factors set out in Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994).

¶ 10. In the case sub judice, the chancellor properly set out and evaluated the Ferguson factors, and divided the property into marital and separate classifications accordingly. Id. The chancellor found that both Lot Six and ESI qualified as inter vivos gifts under the requirements set out in Hankins v. Hankins, 729 So.2d 1283 (Miss. 1999).

¶ 11. Kelli asserts that ESI stock was transmuted into marital property.

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

Related

Darryl Eugene McCreary II v. Brittany Flippo McCreary
Court of Appeals of Mississippi, 2026
Marcus Banks v. Deborah Banks
Court of Appeals of Mississippi, 2026
Lidia Yoybe Sierra Baird v. Colin Lane Lowry Baird
Court of Appeals of Mississippi, 2025
Sarah Anderson (Grabmiller) v. Joshua Grabmiller
Court of Appeals of Mississippi, 2024
Michael Dewayne Manor, Sr. v. Pamela Lanette Manor
Court of Appeals of Mississippi, 2024
Jason Wayne Warren v. Ginger Kaye Rhea
Court of Appeals of Mississippi, 2021
Arthur Dewayne Black v. Alicia Powell Black
240 So. 3d 1226 (Court of Appeals of Mississippi, 2017)
Robert Edward Faerber v. April Faerber
150 So. 3d 1000 (Court of Appeals of Mississippi, 2014)
Woodfin v. Woodfin
26 So. 3d 389 (Court of Appeals of Mississippi, 2010)
Goellner v. Goellner
11 So. 3d 1251 (Court of Appeals of Mississippi, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
972 So. 2d 48, 2008 WL 73635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorsey-v-dorsey-missctapp-2008.