Doyle v. Doyle

55 So. 3d 1097, 2010 WL 3221909
CourtCourt of Appeals of Mississippi
DecidedAugust 17, 2010
Docket2007-CP-01925-COA, 2008-CP-01927-COA
StatusPublished
Cited by13 cases

This text of 55 So. 3d 1097 (Doyle v. Doyle) 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
Doyle v. Doyle, 55 So. 3d 1097, 2010 WL 3221909 (Mich. Ct. App. 2010).

Opinions

BARNES, J.,

for the Court:

¶ 1. The Chancery Court of DeSoto County granted Karen Doyle a divorce from David Doyle on the ground of habitual cruel and inhuman treatment and made certain determinations regarding the distribution of marital property. When David failed to perform the actions ordered by the divorce decree, the chancery court granted Karen’s motion for citation of contempt. David appeals both the judgment regarding the property division and the final order of contempt, raising several issues on each matter. The two appeals were subsequently consolidated. Finding no error in either judgment, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. David and Karen were married in November 2003. No children were born of [1102]*1102the marriage. David worked as a counsel- or for the small business center at Southwest Tennessee Community College in Memphis, Tennessee, and Karen was a homemaker who ran a fragrance-products business, Adam’s Ant Imports, out of the marital home. Karen testified that David also wrote business plans for small businesses, charging $2,500 for each plan. Karen also received social-security benefits for a disability. When they separated in January 2006, the couple resided in the marital home in Olive Branch, Mississippi.

¶ 3. David filed for divorce based on habitual cruel and inhuman treatment and irreconcilable differences. He requested ownership of the marital home and its furnishings and equitable division of certain marital property. Karen filed a counter-complaint for divorce on the grounds of habitual cruel and inhuman treatment or, in the alternative, irreconcilable differences. She requested alimony, certain marital property, and attorney’s fees.

¶ 4. Two hearings were held on the matter in May and August 2007, respectively. On August 2007, the chancellor issued a ruling from the bench granting Karen a divorce based on habitual cruel and inhuman treatment; a decree to this effect was entered on September 24, 2007. The chancellor divided the parties’ property into marital and non-marital assets. Karen’s non-marital property included a residence in Memphis, an automobile, all assets from Adam’s Ant Imports, and various personal property specifically listed in the decree. The chancellor ordered David to deliver these specific items to Karen’s residence in Memphis within ten days of the entry of the decree. David’s non-marital property included real and personal property inherited from his mother, who passed away during the marriage, and balances on all retirement accounts acquired prior to the marriage.

¶ 5. The chancellor deemed the marital home in Olive Branch a marital asset. Additionally, she found all of the household furnishings acquired by the parties subsequent to the marriage located within the marital home to be marital property, including furniture which had been destroyed by David shortly after the couple’s separation. The chancellor valued this furniture at $7,000. Other marital property included a 2002 Infiniti automobile, a riding lawn mower the court valued at $3,000, a 2005 federal income tax refund, and David’s retirement account related to his employment at the community college, and any appreciation of other retirement accounts owned by him prior to the marriage.

¶ 6. Addressing the Ferguson factors for equitable distribution of the marital assets, the chancellor found that while David had a larger income than Karen during the marriage, Karen contributed equally as a homemaker and through her social security disability benefits. Also, testimony showed Karen’s business produced approximately $20,000 per year in income. The chancellor did not find that there had been any distribution of the marital assets, with the exception of the destroyed marital furniture. The chancellor explained that she was attempting to make a distribution that minimized tax consequences, periodic payments, and other potential sources of friction between the parties. She also acknowledged that the testimony by the parties on various matters was so “far apart” that there were obviously some “blatant lies” made by both parties.

¶ 7. After fully addressing each Ferguson factor, the chancellor divided the marital property. The marital residence in Olive Branch was to be sold, with each party receiving one-half equity from its sale. David was awarded the 2002 Infiniti automobile and any debt related to it. [1103]*1103The court awarded Karen $2,500, which represented one-half of the equity in the 2002 Infiniti. Karen was awarded $7,500 of David’s retirement accounts, which included her share of the community college fund and any appreciation of other retirement accounts subsequent to the marriage. The chancellor stated David could either pay this amount to Karen in a lump-sum payment or through a Qualified Domestic Relations Order (QDRO). The court also awarded Karen the full value of the marital furnishings (both destroyed and remaining), or $7,000, and $300 as compensation for furniture belonging to her grandchild that was also destroyed by David. David was ordered to provide copies of the 2005 federal income tax return and pay Karen fifty percent of the refund. Finally, Karen received $1,000 for equity in the marital lawn mower. All of the payments were ordered to be made within thirty days from the entry of the decree.

¶ 8. Further, the court found that more than $30,000 on Karen’s credit cards was marital debt and that David should reimburse Karen $15,000, either as a lump-sum payment within thirty days of the entry of the decree or at a rate of $1,500 per month until paid. The court also ordered David to continue to provide Karen with health insurance for one year either through their current policy or through COBRA. The chancellor fully addressed the Armstrong factors for alimony. Neither party was awarded alimony, and both parties were responsible for their own attorney’s fees. David timely filed his appeal of this judgment.

¶ 9. In January 2008, Karen filed' a motion for citation of contempt, as David had not complied with the September 2007 decree and had appealed without requesting a supersedes bond. Karen contended that David had failed to perform any of the financial obligations ordered, had not delivered the non-marital personal property, and had made no effort to put the marital home on the market. She also requested related expenses and fees for the contempt matter. After a hearing on the motion, the chancellor entered a writ of assistance in order for Karen to obtain her possessions from the marital household which David had not returned to her. Additionally, the chancellor granted Karen’s motion, finding David in willful contempt of the September 2007 divorce decree.

¶ 10. Also, determining that David had sufficient means to pay the sums previously ordered at the time of the decree, the chancellor ordered David to report to the court three days later, and if he had not paid the sum of $28,552 by that date, plus one-half of the income tax refund, and provided health insurance for Karen, he would be incarcerated in the DeSoto County Jail. David was also to continue to try and sell the marital home as previously ordered and report his progress to the court in June 2007.

¶ 11. When David reported to the court on March 7, 2008, the chancellor found that he still had not made a good-faith effort to comply with the court’s prior orders; so she ordered him incarcerated.

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

Related

Thomas Kevin Braswell v. Ladonna Jo Braswell
Court of Appeals of Mississippi, 2021
John Doe v. Jane Doe
Court of Appeals of Mississippi, 2021
Katherine Brown v. Jim Brown
Court of Appeals of Mississippi, 2021
Erick Garrison v. Carrie Courtney;
Court of Appeals of Mississippi, 2020
Mark Jerome Chism v. Landaria Larose Saulsberry Chism
Court of Appeals of Mississippi, 2019
English v. Davenport
253 So. 3d 357 (Court of Appeals of Mississippi, 2018)
Michael Chadwick Smith v. Kimberly Marie Mull
250 So. 3d 1271 (Court of Appeals of Mississippi, 2017)
Smith v. Henley
65 V.I. 179 (Superior Court of The Virgin Islands, 2016)
Clayton John Hickey v. Melissa Crenshaw Hickey
166 So. 3d 43 (Court of Appeals of Mississippi, 2014)
Crittenden v. Crittenden
129 So. 3d 947 (Court of Appeals of Mississippi, 2013)
Evans v. Evans
75 So. 3d 1083 (Court of Appeals of Mississippi, 2011)
Doyle v. Doyle
55 So. 3d 1097 (Court of Appeals of Mississippi, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
55 So. 3d 1097, 2010 WL 3221909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-doyle-missctapp-2010.