Jones v. Jones

995 So. 2d 743, 2007 WL 4305460
CourtCourt of Appeals of Mississippi
DecidedDecember 11, 2007
Docket2006-CA-00974-COA
StatusPublished
Cited by2 cases

This text of 995 So. 2d 743 (Jones v. Jones) 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
Jones v. Jones, 995 So. 2d 743, 2007 WL 4305460 (Mich. Ct. App. 2007).

Opinion

995 So.2d 743 (2007)

Richard Broderick JONES, Appellant
v.
Nevada Rae Barr JONES, Appellee.

No. 2006-CA-00974-COA.

Court of Appeals of Mississippi.

December 11, 2007.
Rehearing Denied March 11, 2008.

*745 Mark A. Chinn, Jackson, William Matthew Thompson, attorneys for appellant.

Michael J. Malouf, Melissa Ann Malouf, Jackson, attorneys for appellee.

EN BANC.

ISHEE, J., for the Court.

¶ 1. Nevada Rae Barr Jones and Richard Broderick Jones agreed to a divorce based on irreconcilable differences and submitted the remaining disputed issues to the Chancery Court of Hinds County for determination. The court entered a final judgment of divorce on January 25, 2006, ordering the parties divorced on the grounds of irreconcilable differences and equitably distributing the marital assets. Aggrieved by the division of the marital assets, Richard appeals and asserts the following issues:

(1) It was error to deny the motion to strike and to deny sanctions because of perjury, discovery violations, and destruction of evidence.
(2) It was error to rely on perjury and destruction of evidence.
(3) The court committed manifest error in equitable distribution by (a) failing to consider Richard's contributions to Nevada's writing, (b) failing to consider Richard's contributions to the marriage, and (c) not awarding future interest from Nevada's books.
(4) It was error to refuse to award alimony.
(5) It was error to refuse to award attorney's fees due to perjury and discovery violations.

Finding no error, we affirm.

FACTS

¶ 2. Nevada Rae Barr and Richard Jones were married on June 29, 1996. After difficult times and some periods of separation, Nevada filed for divorce from Richard on December 23, 2004. She cited cruel and inhuman treatment and irreconcilable differences as grounds for the divorce. In response, Richard filed a counterclaim seeking a divorce on the grounds of adultery or, in the alternative, irreconcilable differences.

¶ 3. Later, Nevada and Richard agreed to drop their fault-based claims for divorce, and they filed a joint motion for divorce based on irreconcilable differences. The parties agreed to have the chancery court decide the issues upon which they could not agree. They listed the following as disputed issues: property rights, alimony, equitable distribution, valuation of assets, debts, distribution of real and personal property, taxes, attorney's fees, determination of marital waste, legal interest on any court judgments, and any and all financial issues.

¶ 4. The trial lasted two days and was a heated affair, with each party filing motions for sanctions against the other alleging perjury and discovery abuses. The *746 couple had been married for approximately eight years, with periods of separation during the relationship, the last separation being in November 2004, about a month prior to Nevada's filing for divorce. It came out during discovery that Nevada had begun a new relationship with Don Paxton in November, and Richard had begun to move on when he began a relationship with Charlotte Carlton, whom he met on the dating website, Match.com.

¶ 5. At the conclusion of the trial, the chancellor entered an order granting Nevada and Richard an irreconcilable differences divorce and equitably dividing the marital assets and debts. Richard was awarded the marital home in Clinton, Mississippi, the home he purchased in West Virginia for his son, the three automobiles in his possession, a motorcycle, the yard equipment, various accounts in Nevada's name and some in his name, and the cash that Nevada had left in their joint account. Nevada received the New Orleans home, her three automobiles, a pair of scooters, a brokerage account in her name, and future income from her books.

STANDARD OF REVIEW

¶ 6. The scope of review in a domestic relations case is limited by the substantial evidence/manifest error rule. Mizell v. Mizell, 708 So.2d 55, 59(¶ 12) (Miss. 1998). We will not disturb a chancellor's findings unless manifestly wrong, clearly erroneous, or an erroneous legal standard was applied. Id. at 59(¶ 13). "This court will not substitute its judgment for that of the chancellor `even if it disagree[s] with the lower court on the finding of fact and might . . . [arrive] at a different conclusion.'" Owen v. Owen, 798 So.2d 394, 397-98(¶ 10) (Miss.2001) (quoting Richardson v. Riley, 355 So.2d 667, 668 (Miss. 1978)).

ISSUES AND ANALYSIS

I. Motions to strike and for sanctions

¶ 7. In Richard's first point of error, he alleges that the chancery court erred in denying his motions to strike and for sanctions against Nevada.

¶ 8. Rule 37(b) of the Mississippi Rules of Civil Procedure prescribes the sanctions a trial court may impose for discovery violations. Rule 37(e) further provides that the court may impose "such sanctions as may be just."

¶ 9. The decision whether to impose sanctions on a party for discovery abuses is within the discretion of the trial court. Amiker v. Drugs for Less, Inc., 796 So.2d 942, 948(¶ 24) (Miss.2000). "The provisions for imposing sanctions are designed to give the court great latitude." Id. We follow an abuse of discretion standard of review for a trial court's decision whether to award sanctions for discovery abuses. Hayes v. Entergy Miss., Inc., 871 So.2d 743, 747(¶ 11) (Miss.2004).

¶ 10. In his two motions to strike and for sanctions, Richard asked the court to strike any reference by Nevada concerning allegations of fault against him, to presume Nevada was the author of the "Dear John" letter left to him, and to award him attorney's fees, costs, and expenses.

¶ 11. First, since the parties had agreed to an irreconcilable differences divorce over two months before the first of these motions was filed, they had already agreed to drop any allegations of fault. While Richard may have sought this relief because he was concerned with the truth of Nevada's testimony after she initially gave an incorrect date as to when she began a relationship with Don, it is nevertheless the chancellor's duty to evaluate her credibility as a witness. Simmons v. *747 Jaggers, 914 So.2d 693, 698(¶ 20) (Miss. 2005). Furthermore, the chancellor may not have issued an order limiting Nevada's testimony, but many times throughout the case he did sustain objections to testimony she offered because it possibly crossed the line into proof of fault.

¶ 12. Second, in regard to authoring the letter left to Richard, Nevada admitted that she typed it on her computer. While she also admitted that she destroyed the computer, she claimed this was done prior to receiving a request to turn over the computer to prove that she wrote the letter. As she readily admitted that she typed the letter, this issue was moot.

¶ 13. Richard also claims he should be awarded attorney's fees, costs, and expenses that he expended to pursue sanctions. However, the relief sought by Richard in his motions, as discussed, was either irrelevant in an irreconcilable differences divorce or moot. Accordingly, we do not find the chancellor abused his discretion in failing to grant the relief sought by Richard. This was a very heated trial, and each party filed for sanctions and alleged perjury against the other throughout the proceeding.

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Related

Jones v. Jones
995 So. 2d 706 (Mississippi Supreme Court, 2008)

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Bluebook (online)
995 So. 2d 743, 2007 WL 4305460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-jones-missctapp-2007.