Evans v. Moore

853 So. 2d 850, 2003 WL 22006018
CourtCourt of Appeals of Mississippi
DecidedAugust 26, 2003
Docket2002-CA-00897-COA
StatusPublished
Cited by3 cases

This text of 853 So. 2d 850 (Evans v. Moore) 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
Evans v. Moore, 853 So. 2d 850, 2003 WL 22006018 (Mich. Ct. App. 2003).

Opinion

853 So.2d 850 (2003)

Ronald Ray EVANS, Appellant,
v.
Dean MOORE, Executrix of the Estate of Mylinda Louann (Rodgers) Evans, Deceased, Appellee.

No. 2002-CA-00897-COA.

Court of Appeals of Mississippi.

August 26, 2003.

*851 H.R. Garner, Malenda Harris Meacham, Hernando, attorneys for appellant.

Gerald W. Chatham, Hernando, attorney for appellee.

Before SOUTHWICK, P.J., LEE and GRIFFIS, JJ.

SOUTHWICK, P.J., for the court.

¶ 1. Ronald Evans appeals from a summary judgment that found his former wife's estate to be the owner of a certain life insurance policy covering her life. However, the ultimate issue in the suit is whether Mr. Evans is the proper beneficiary under such a policy. That question is not answered by a judgment about who is its owner. We dismiss since this is an interlocutory appeal for which the necessary certification has not been given.

FACTS

¶ 2. Ronald and Mylinda Evans were divorced in April 1996. At a hearing in January 1996, there was a discussion among the chancellor, both parties and their counsel regarding ownership of two term life insurance policies. One policy apparently insured the husband's life and named his wife as beneficiary. The second was said to cover the wife's life and named her daughter, Brooke, as beneficiary. Though both policies have been referenced in these proceedings, the trial court granted relief only on one policy. It may not be either one mentioned in the 1996 hearing.

¶ 3. No policy is in the record. The parties are in seeming agreement that the chancellor's 2002 decision concerns a policy on Mylinda Evans's life that has Ronald Evans as the beneficiary. If he is not the beneficiary, then we do not understand this litigation. Mr. Evans had agreed in 1996 to convey any ownership that he might have in a policy on his soon-to-be former wife that had his wife's daughter Brooke as beneficiary. Perhaps there has been one policy on Mrs. Evans's life since 1996 that has had a change of beneficiary. Perhaps these are two different policies.

¶ 4. An excerpt from the 1996 hearing transcript reveals that Mrs. Evans stated she wished to keep policies both on her life and on Mr. Evans as she had been paying the premiums. Her husband, through counsel, agreed to take whatever action was necessary to transfer any ownership he might have in both policies. The reason for ownership to be transferred was not stated beyond what we have already indicated, namely, that Mrs. Evans had been paying the premiums but she thought her husband was the policy owner. Had the policies in question been in the record, we assume they would describe the rights that are possessed by owners. The court orally noted the in-court agreement but *852 did not mention it or require compliance with it in any order. Mrs. Evans made her sole effort to compel compliance in June 1996. She did not pursue the matter to decision then or ever. The estate is now attempting to do so.

¶ 5. In 1999, Mrs. Evans executed a holographic will. In this document, she described two policies insuring her life, one with a benefit of $300,000 to be paid to her daughter, and another with a benefit of $100,000 to be paid to her ex-husband. The will stated the testator's wish that each named beneficiary receive the proceeds as designated in the policies. Whether this $300,000 policy on Mrs. Evans with her daughter as beneficiary is the one in existence in 1996 is unknown. Though this will was replaced before her death by another will, there has been no argument that the will reflected anything other than Mrs. Evans's wishes at that time about the beneficiaries of property in her estate and of insurance. Whatever else may be gleaned from the 1999 will, it certainly appears that Mrs. Evans had a continuing interest in her ex-husband's finances.

¶ 6. Mylinda Evans died of cancer in February 2002. A few weeks before her death, she executed a formal will which properly did not mention insurance policies. Her mother, Dean Moore, was named executrix. Moore filed a petition for a temporary restraining order to prevent her former son-in-law from obtaining any proceeds from insurance on his former wife. The executrix also sought to have Mr. Evans held in contempt for failing to sign over ownership of the policies as agreed at the divorce hearing in January 1996.

¶ 7. The chancellor granted the restraining order. The petition for contempt was not ruled upon. After a later hearing, the estate's motion for summary judgment was granted. The chancellor found the estate to be the owner of "the policy in question." Though no order from the court ever identified the specific policy being contested, no one has disputed that the policy is one issued by State Farm Life Insurance Company and numbered LF XXXX-XXXX. Whether this is one of the policies that existed in 1996 is not shown in this record. The chancellor did not determine the proper beneficiary under the policy. The court ordered the insurer to pay the proceeds into the court until further order about the "ultimate disposition" of the "funds from those policies...." Mr. Evans informed the chancellor at the hearing that he would appeal. No discussion appears of whether this was seen as a partial summary judgment or the appeal as interlocutory.

¶ 8. This is the second appeal involving issues arising from the 1996 divorce. The first appeal was from the divorce decree itself. Mr. Evans's appeal was deflected to this Court. No cross-appeal by Mrs. Evans was made. In an unpublished opinion, we affirmed on all issues—none of which concerned Mr. Evans's failure to comply with an alleged obligation to assign these policies. Evans v. Evans, 723 So.2d 1246 (table), 96-CA-00454 (Miss.Ct.App. Apr. 28, 1998).

¶ 9. In order to reveal what has already been decided by this Court regarding these two former spouses, we reproduce the initial part of that 1998 opinion. We note that the deceased was there referred to with the last name of Rodgers.

OPINION ON INITIAL APPEAL

¶ 10. The DeSoto County Chancery Court granted Ronald Ray Evans and Mylinda Rodgers Evans a divorce on the grounds of irreconcilable differences. Pursuant to the consent of the parties, the court resolved issues relating to an equitable distribution of the marital property, *853 alimony, and attorney fees. Mr. Evans appeals asserting that the chancery court erred in awarding Mrs. Rodgers periodic alimony of $800 per month and attorney fees. [Mr. Evans also alleged that the chancellor exhibited bias against his trial counsel.] Though represented by counsel below, he appeals pro se. Finding that these issues do not merit reversal, we affirm.

STATEMENT OF FACTS

¶ 11. The parties were married on December 23, 1983 and lived together until 1994. Although no children were born to them, Mrs. Rodgers had a daughter from a previous marriage. During the early years of the marriage, Mrs. Rodgers was employed as a beautician. In 1987, Mrs. Rodgers sustained injuries in an automobile accident and was totally disabled. Mr. Evans has been employed for a number of years with Waterman Industries Sales in Memphis, Tennessee, as a sales manager.

¶ 12. On January 29, 1996, Mrs. Rodgers and Mr. Evans consented to a divorce on the grounds of irreconcilable differences. The parties stipulated that the chancery court would resolve, among other things, issues concerning a division of the marital property, the awarding of alimony, and attorney fees. During a hearing on the matter, Mrs. Rodgers and Mr.

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Bluebook (online)
853 So. 2d 850, 2003 WL 22006018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-moore-missctapp-2003.