Gray v. Gray

909 So. 2d 108, 2005 WL 1950300
CourtCourt of Appeals of Mississippi
DecidedAugust 16, 2005
Docket2003-CA-02499-COA
StatusPublished
Cited by13 cases

This text of 909 So. 2d 108 (Gray v. Gray) 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
Gray v. Gray, 909 So. 2d 108, 2005 WL 1950300 (Mich. Ct. App. 2005).

Opinion

909 So.2d 108 (2005)

Richard Thomas GRAY, Jr., Appellant,
v.
Angela Rene (Rawls) GRAY, Appellee.

No. 2003-CA-02499-COA.

Court of Appeals of Mississippi.

August 16, 2005.

*109 Erika Danita Suttlar, attorney for appellant.

George McFall, Southaven, attorney for appellee.

Before KING, C.J., IRVING and GRIFFIS, JJ.

GRIFFIS, J., for the Court.

¶ 1. Richard Thomas Gray appeals the chancellor's judgment of divorce. Richard contests the chancellor's equitable distribution of assets, and the chancellor's awards of alimony, child support, past medical expenses, and attorneys fee's. We affirm in part and reverse and remand in part.

*110 FACTS

¶ 2. Richard and Angela Rene Rawls Gray were married on July 13, 1984, in Tacoma, Washington. They are the parents of four children.

¶ 3. In 2001, while living in Southaven, Richard and Angela separated. On March 29, 2001, Angela filed for divorce on the grounds of irreconcilable differences. Richard did not answer her complaint. On August 19, 2002, Richard and Angela filed a temporary agreed order that set forth certain custodial arrangements, child support, visitation, distribution of medical expenses, and the rights of the homestead. In February of 2003, Angela amended her complaint for divorce and asserted adultery and cruel and inhuman treatment as grounds for divorce. A trial was conducted in October of 2003.

¶ 4. Richard testified that he was employed by FedEx as a diesel mechanic, and he earned an annual income of $41,143.16. Richard admitted that he was in an adulterous relationship that had continued for an extended period of time. Richard paid $400 per month to his paramour as rent (or contributed to her house note). Richard also paid $4,800 per year to his paramour for maintenance expenses on her home.

¶ 5. Angela testified that she earned less than $20,000 per year working at the Horseshoe Casino. Angela attended Northwest Community College, pursuing a business administration degree. Angela also testified that Richard visited their four children on three separate occasions over the past year. She testified that Richard purchased clothes only on his daughters' birthdays and made no financial contributions towards the expense of their extra-curricular activities.

¶ 6. The chancellor granted Angela a divorce on the grounds of adultery. The chancellor ordered that: Angela would have custody of the four minor children; Richard would pay Angela $160 per week in child support; Richard was entitled to Farese visitation; they were each responsible for one-half of the cost of college for the children; they were each responsible for one-half of all reasonable and necessary medical, dental, pharmaceutical, and optical expenses; Richard could claim the two older children as dependants for income tax purposes and Angela was to claim the two younger children as dependants for income tax purposes; Angela was awarded exclusive use, possession, and ownership of the marital home; Richard was awarded the microwave stand, exclusive ownerships of his 401(k) plan and stock options; Richard was also ordered to maintain a $100,000 life insurance policy benefitting the four children; and finally, Angela was awarded $207.80 as reimbursement for medical expenses and $2,500 in attorneys fees.

STANDARD OF REVIEW

¶ 7. This Court will not disturb the findings of a chancellor when supported by substantial evidence unless the chancellor abused his or her discretion, was manifestly wrong, clearly erroneous, or applied an erroneous legal standard. Sanderson v. Sanderson, 824 So.2d 623, 625-26(¶ 8) (Miss.2002).

ANALYSIS

I. Whether the chancellor was in error in failing to make an equitable distribution of the marital property pursuant to Ferguson v. Ferguson.

¶ 8. Under this issue, Richard makes four separate arguments. We are of the opinion that the first argument requires us to reverse and remand the case to the chancellor for further consideration. Therefore, we only consider whether the *111 chancellor committed manifest error in failing to make a record of his findings of fact and conclusions of law regarding the equitable distribution of the marital estate. We must note that Angela's brief does not specifically address the chancellor's failure to make findings of fact and conclusions of law on the record. Rather, Angela argues that the evidence was sufficient to support the chancellor's equitable distribution. Nevertheless, we find that the chancellor committed manifest error in failing to make the required record of the findings of fact and conclusions of law regarding the Ferguson factors. This error impedes our appellate review.

¶ 9. In Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss.1994), the Mississippi Supreme Court directed chancellors to evaluate the division of marital assets by following a nonexclusive list of eight guidelines and "to support their decisions with findings of fact and conclusions of law for purposes of appellate review." Here, the chancellor's order does not include specific findings of fact or conclusions of law that would indicate that the chancellor considered the Ferguson guidelines and how he applied the guidelines to the evidence presented in this case.

¶ 10. In Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1994), the court outlined the process chancellors are to follow in applying the Ferguson factors. First, the chancellor is to classify the parties' assets as marital or non-marital based on Hemsley v. Hemsley, 639 So.2d 909 (Miss.1994). Second, the chancellor is to value and equitably divide the marital property employing the Ferguson factors as guidelines, in light of each party's non-marital property. Johnson, 650 So.2d at 1287. Third, if the marital assets, after equitable division and in light of the parties' non-marital assets, will adequately provide for both parties, then "no more need be done." Id. Finally, if an equitable division of marital property, considered with each party's non-marital assets, leaves a deficit for one party, then alimony should be considered. Id.

¶ 11. Ferguson requires that the chancellor provide an explanation of his analysis of the evidence and basis for the decision. Ferguson, 639 So.2d at 928. Here, the chancellor does not provide such analysis or explanation of the evidence that supports his decision. Instead, the chancellor merely announced his judgment, divided the marital property, provided for child support and awarded alimony.

¶ 12. In Sandlin v. Sandlin, 699 So.2d 1198, 1204 (Miss.1997), the chancellor made the marital property distribution and mentioned the Ferguson guidelines along with a representation that he applied them to the evidence presented. Id. at 1204. The chancellor's order failed to make the requisite findings of fact and conclusions of law. The supreme court held that it "could not evaluate the basis that [the chancellor] used to determine the division of property." Id. As a result, the court ruled that "the failure to make findings of fact and conclusions of law was manifest error requiring reversal and remand." Id.

¶ 13. In Kilpatrick v. Kilpatrick, 732 So.2d 876, 881(¶ 19) (Miss.1999), the court again reversed a chancellor for failing to make the required findings of fact and conclusions of law regarding the distribution of the marital estate. The chancellor itemized the actual property division, but made no conclusions of law to support the division of the marital estate. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
909 So. 2d 108, 2005 WL 1950300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-gray-missctapp-2005.