Jones v. Lee

754 So. 2d 564, 2000 Miss. App. LEXIS 9, 2000 WL 32039
CourtCourt of Appeals of Mississippi
DecidedJanuary 18, 2000
DocketNo. 1998-CA-01648-COA
StatusPublished
Cited by1 cases

This text of 754 So. 2d 564 (Jones v. Lee) 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. Lee, 754 So. 2d 564, 2000 Miss. App. LEXIS 9, 2000 WL 32039 (Mich. Ct. App. 2000).

Opinion

BRIDGES, J.,

for the Court:

¶ 1. In June 1997, the Chancery Court of Warren County granted Randolph Anthony Jones and Theresa Lee Jones a divorce on irreconcilable differences. A property settlement agreement signed by both parties was incorporated into the final judgment of divorce. Theresa filed a motion1 for citation of contempt on June 29, 1998, alleging that Randolph failed to comply with certain provisions of the property settlement agreement. Randolph then filed a counter motion2 alleging that Theresa was also in contempt of the agreement. The chancellor denied both motions but did require Randolph to convey his half interest in the marital home to Theresa pursuant to the property settlement agreement. Aggrieved with the chancellor’s decision, Randolph appeals arguing the following assignment of error

[566]*566I. WHETHER THE CHANCELLOR’S RULING THAT THE COUNTER-CLAIM FOR CONTEMPT AS FILED BY RANDOLPH ANTHONY JONES BE DISMISSED WAS CLEARLY ERRONEOUS.

¶ 2. After a thorough review of the record, we find no merit to this issue. Accordingly, we affirm.

FACTS

¶ 3. On June 19, 1993, Randolph and Theresa were married in Vicksburg, Mississippi. In April 1997, the parties filed a joint complaint for divorce and subsequently entered into a property settlement and separation agreement. The Warren County Chancery Court awarded the parties a divorce on irreconcilable differences, and the property settlement and separation agreement was incorporated into the final judgment. The agreement had several provisions that dealt with the Joneses’ personal and real property which included construction costs on the parties’ new home.

¶ 4. During the time the parties were married and prior to their separation, they began construction on a new home. The cost of the house was initially estimated at $150,000. Randolph, who was the general contractor for the construction of the house, testified at trial that the total cost for the house was $220,000. To finance the construction, the parties applied for and were granted a loan for $200,000 which was to cover the initial $150,000 estimate. Both parties signed for and were liable for the loan. During construction of the house, Randolph drew on the loan in order to finance construction costs. In May 1997, Randolph signed an affidavit stating that all construction costs had been paid in full. The house was finally completed in September 1997, but the parties at this time were divorced. Theresa moved into the house in the spring of 1997 and has continued to reside there since. ¶ 5. The property settlement agreement incorporated into the final judgment of divorce provided that Theresa had one year from and after the date of the agreement, to remove Randolph from any and all debt obligations associated with the cost of construction of the home, including, but not limited to, any promissory notes, mortgages and/or deeds of trust upon which the home may be pledged as security. If these provisions were met, Randolph was to quitclaim his interest in the home to Theresa. In order to comply with this provision, Theresa made arrangements with the bank to assume sole responsibility for their loan. In order to finalize this transaction with the bank, Theresa needed a quitclaim deed from Randolph that conveyed his interest in the house. However, Randolph alleged that Theresa still owed $27,000 of unpaid costs still existing from the construction of the house. He, therefore, refused to quitclaim his interest in the house. Theresa then filed a motion for citation of contempt to require Randolph to convey his interest in the home to her. Randolph also filed a counter motion for contempt claiming that Theresa had failed to comply with the property settlement agreement. The chancellor found that there were no unpaid construction costs and that Theresa had complied with the property settlement agreement. The chancellor found the agreement to be vague and ambiguous and therefore denied both motions for contempt. However, finding that Theresa did not owe any additional money for construction costs and had complied with all specific provisions of the agreement, the chancellor ordered that Randolph fulfill his part of the property settlement agreement by quitclaiming his interest in the house to Theresa. Aggrieved with this decision, Randolph has perfected this appeal.

ARGUMENT AND DISCUSSION OF LAW

Standard of Review

¶ 6. This Court’s standard of review for all appeals involving domestic relations [567]*567cases is well-established. “Our scope of review in domestic relations matters is limited by our familiar substantial evidence/manifest error rule.” Magee v. Magee, 661 So.2d 1117, 1122 (Miss.1995). An appellate court may reverse a chancellor’s finding of fact only when there is not “substantial, credible evidence” justifying his finding. Williams v. Rembert, 654 So.2d 26, 28 (Miss.1995)(quoting Snow Lake Shores Property Owners Corp. v. Smith, 610 So.2d 357, 360 (Miss.1992)).

I. WHETHER THE CHANCELLOR’S RULING THAT THE COUNTER-CLAIM FOR CONTEMPT AS FILED BY RANDOLPH ANTHONY JONES BE DISMISSED WAS CLEARLY ERRONEOUS.
A. Whether a property settlement agreement is a contract between a husband and wife and interpretation of that agreement should follow contract remedies. Whether the agreement in this case was vague and ambiguous and should be construed strongly in favor of Mr. Jones, the non-drafting party.
B. Whether the intent of the parties was that Ms. Lee was to be responsible for all debt associated with the construction of a home by the parties and whether this debt included $27,000 incurred by Mr. Jones during the time of construction.

¶ 7. Randolph argues that because the chancellor found the property settlement agreement to be vague and ambiguous, then the chancellor must make a determination as to the intent of the parties. Randolph contends that the chancellor did not make a determination as to the intent of the parties regarding the $27,000 debt claimed by Randolph. He further maintains that the evidence presented at trial indicated that Theresa was aware of the debt; therefore, the chancellor was clearly erroneous in dismissing Randolph’s counter-motion for contempt. Theresa argues that the chancellor correctly determined that Theresa had paid all debts and honored her part of the property settlement agreement. She maintains that the chancellor did not abuse her discretion or apply incorrect law and her decision is supported by sufficient evidence.

¶8. In the case sub judice, the chancellor made extensive findings of fact and conclusions of law. After a thorough review of the record, this Court finds that there is substantial, credible evidence to support the chancellor’s decision. First, the chancellor looked at the property settlement agreement and determined that the language of the agreement was not clear and free from ambiguity and concluded that the court must consider the intent of the parties. Although Randolph argues that the chancellor failed to make a determination of the intent of the parties, a review of the record shows that the chancellor did determine the parties intent. The chancellor looked at the provisions of the property settlement agreement and considered both parties testimony regarding who was to pay personal debt and construction costs.

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Bluebook (online)
754 So. 2d 564, 2000 Miss. App. LEXIS 9, 2000 WL 32039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-lee-missctapp-2000.