Johnson v. Johnson

76 So. 3d 781, 2011 Miss. App. LEXIS 788, 2011 WL 6157651
CourtCourt of Appeals of Mississippi
DecidedDecember 13, 2011
DocketNo. 2010-CA-01193-COA
StatusPublished
Cited by2 cases

This text of 76 So. 3d 781 (Johnson v. Johnson) 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
Johnson v. Johnson, 76 So. 3d 781, 2011 Miss. App. LEXIS 788, 2011 WL 6157651 (Mich. Ct. App. 2011).

Opinion

GRIFFIS, P.J., for the Court:

¶ 1. Hazel Gwendolyn Johnson was granted a divorce from Willie C. Johnson on the ground of habitual cruel and inhuman treatment. The chancellor divided the marital property and awarded Hazel $900 per month in permanent alimony and $3,000 in attorney’s fees. Willie argues: (1) Hazel failed to prove habitual cruel and inhuman treatment, and (2) the chancellor’s finding that alimony was appropriate was manifestly wrong. We find no reversible error and affirm the chancellor’s judgment.

FACTS

¶ 2. Hazel and Willie were married in 1982. Their daughter, Deirdre Johnson, was born in 1987. They finally separated in 2003, and the chancellor’s judgment of divorce was entered on January 28, 2010.

¶ 3. Willie, who is sixty-three years old, has a Ph.D. He was a professor at Utica Junior College from the time he and Hazel married until 1992. He then took a job as an administrator with the Jackson Public Schools, where he remains employed. He also occasionally serves as an adjunct professor at Jackson State University. The chancellor found that Willie’s net monthly income is $5,589.30; he has $62,260 in a 403(b) retirement account; and his PERS account would pay him $3,299 per month should he retire.

¶ 4. Hazel, who is fifty-eight years old, has a masters degree. She has worked in some capacity at Hinds Community College from the time she and Willie were married until 1996, when she retired. She came out of retirement in 2003 and took a position at Jackson State University, where her net monthly pay was $1,921.30. Her position was contingent on the school receiving grant funds, and the latest grant [784]*784ended in September 2009, which left her unemployed at the time the chancellor entered her judgment. The chancellor found that Hazel has $9,871.59 in a 408(b) retirement account, and her PERS account would pay her $2,033.90 per month should she retire again.

¶ 5. Hazel suffers from many health problems, including diabetes, COPD, and a heart murmur. She also has problems with her eyes. She wears a prosthetic eye in her right socket.

¶ 6. The evidence established that Willie had affairs with two of his students at Utica Junior College — Carrie Jones and Mary Payne — in the early 1990s. There was some evidence that Jones and Willie conceived a daughter, Amber Crawford, who was born in 1992. Hazel testified that Willie had told her that to the best of his knowledge, Crawford is his child, but it was unclear when he allegedly made that statement. Also, an e-mail that Jones had sent to Willie was admitted into evidence. In the e-mail, dated in 2001, Jones claims that Crawford is Willie’s child, which Willie denied.

¶ 7. It was undisputed that Willie and Payne conceived a daughter, Olivia Johnson, who was also born in 1992. The record contains the results of a DNA test, dated April 2004, that shows Willie could not be excluded as the father. In addition, the evidence included documents from Claiborne County Chancery Court which indicate that in June 2004, Willie was ordered to pay child support to Payne for the care of Olivia.

¶ 8. Hazel testified that while Willie was still teaching at Utica Junior College, she had some knowledge of Willie’s affairs, but she did not know about the illegitimate children. She also testified that she thought the affairs had ended by the time the family moved to Jackson in approximately 1992. She stated that she trusted her husband, in spite of his indiscretions, so she decided to continue in the marriage.

¶ 9. The evidence was not clear exactly when Hazel learned that Willie had fathered the two illegitimate children. Hazel testified that she might have first learned about Olivia in 2004 when the results of the DNA test arrived in the mail at her home. In contrast, Willie testified that Hazel knew about Olivia as early as 2001 when she found a letter from Payne to Willie on Willie’s desk. There was no testimony about when Hazel had learned that Crawford might be Willie’s child.

¶ 10. According to Hazel, Willie informed her in 2001 that he had resumed his affair with Jones. Around that time, Jones began a campaign of bizarre and threatening behavior directed toward Hazel. Jones made repeated, harassing phone calls to Hazel. Hazel testified that she logged ninety-six calls in one day.

¶ 11. Hazel testified that in one incident, Jones went into Hazel and Willie’s garage late at night. Using an orange security cone she had retrieved from the street, she hammered on Hazel’s car. Photographs of Hazel’s car were admitted into evidence, which show what appears to be minor, superficial damage to the car’s trunk and rear windshield. The record also contains an estimate that estimated the cost of repair to be $1,745.58.

¶ 12. In another incident, according to Hazel, Jones obtained photographs of Hazel and Willie’s wedding from Willie’s office. She wrote “broken promises” on them and threw them on the street in front of Hazel and Willie’s house. The record contains what appears to be a printout from a computer that shows a copy of a wedding photograph with “Broken Promises” typewritten above it.

¶ 13. Hazel testified that as a result of Jones’s behavior, she felt terrified, and she [785]*785would often stay inside her home with the garage door down.

¶ 14. Hazel testified that Willie promised to end his relationship with Jones, so she decided to continue in the marriage. Willie did not keep his promise. Hazel testified that sometime in 2002, when Willie did not arrive at home on time, she drove by Jones’s residence and saw Willie’s car there. It is undisputed that Willie and Jones were romantically involved at that time.

¶ 15. In spite of this discovery, Hazel continued in the marriage. She wanted to work things out. Instead, it was Willie who decided to leave. Willie moved out of the marital home in October 2003. Willie testified that he then moved in with his sister, but documents were introduced into evidence that show he had his mail sent to Jones’s address.

¶ 16. Hazel testified that in May 2004, Willie physically assaulted her in her home — the former marital home. He pushed her up against the washing machine, dryer, and the walls. She went to the hospital. Hospital records were admitted into evidence. They show that she presented to the hospital with minor bruises above her right eye and along the bridge of her nose and minor lacerations on the inside of her mouth. The severity of her wounds was described as “mild.” She was released with instructions to use a warm compress and rest. Willie denied that he had ever assaulted Hazel.

¶ 17. In 2008, Jones had a son named Austin Johnson. Willie is listed as the father on Austin’s birth certificate. Willie testified that Austin might be his child.

¶ 18. Hazel filed a complaint for divorce. By order dated January 28, 2010, the chancellor granted Hazel a divorce on the ground of habitual cruel and inhuman treatment, divided the marital property, awarded her $900 per month in permanent alimony, and awarded her $3,000 in attorney’s fees.

STANDARD OF REVIEW

¶ 19. This Court will not disturb the findings of a chancellor when supported by substantial, credible evidence unless the chancellor abused his or her discretion, was manifestly wrong, clearly erroneous, or an erroneous legal standard was applied. Sanderson v. Sanderson, 824 So.2d 623, 625-26 (¶ 8) (Miss.2002). Legal questions are reviewed de novo. Russell v. Performance Toyota, Inc.,

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

Related

Patrick W. Deckard v. Lesa M. Deckard
165 So. 3d 533 (Court of Appeals of Mississippi, 2015)
Strickland v. Strickland
102 So. 3d 1216 (Court of Appeals of Mississippi, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
76 So. 3d 781, 2011 Miss. App. LEXIS 788, 2011 WL 6157651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-johnson-missctapp-2011.