Lofton v. Lofton

924 So. 2d 596, 2006 WL 620288
CourtCourt of Appeals of Mississippi
DecidedMarch 14, 2006
Docket2004-CA-01448-COA
StatusPublished
Cited by10 cases

This text of 924 So. 2d 596 (Lofton v. Lofton) 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
Lofton v. Lofton, 924 So. 2d 596, 2006 WL 620288 (Mich. Ct. App. 2006).

Opinion

924 So.2d 596 (2006)

William Lloyd LOFTON, Appellant
v.
Irma Joyce LOFTON, Appellee.

No. 2004-CA-01448-COA.

Court of Appeals of Mississippi.

March 14, 2006.

*597 J.C. Ainsworth, Jr., Monticello, for appellant.

William D. Boerner, Bradley Russell Boerner, Brookhaven, for appellee.

EN BANC.

GRIFFIS, J., for the Court.

¶ 1. We consider whether the Mississippi court had jurisdiction to modify separate maintenance payments to permanent alimony after a Florida court entered a final divorce decree. We conclude that it did. Therefore, we affirm.

*598 PROCEDURAL HISTORY

¶ 2. William and Irma Joyce Lofton were married on May 19, 1972. They resided in Lincoln County, Mississippi during their marriage. They separated in October of 1995. Thereafter, William moved to Louisiana, and in 1998, he moved from Louisiana to Florida.

¶ 3. On May 10, 1996, Irma filed a complaint for divorce in the Chancery Court of Lincoln County, Mississippi. The chancellor never rendered a judgment of divorce. According to the clerk's docket sheet, Irma filed an amended complaint for separate maintenance on October 16, 1997.

¶ 4. On March 25, 1998, the chancellor held a hearing on Irma's amended complaint for separate maintenance. William failed to appear. The same day, the chancellor entered a final judgment of separate maintenance. The chancellor ordered William to pay Irma $400 per month in separate maintenance payments, and the obligation began on April 1, 1998.

¶ 5. William failed to make the required separate maintenance payments. On April 7, 2003, the chancellor executed an agreed order that gave William until December 1, 2003, to bring his separate maintenance arrearage current.

¶ 6. On October 2, 2003, William filed for divorce in the Circuit Court of the Ninth Judicial Circuit of Orange County, Florida. Irma was served with process at her home in Mississippi.

¶ 7. On December 1, 2003, the Mississippi chancellor executed a second agreed order that extended the deadline for William to pay the past due separate maintenance until August 19, 2004.

¶ 8. On December 16, 2003, the Florida court entered its "Final Judgment of Dissolution of Marriage." Irma did not respond to the process served on her, and she never appeared before the Florida court. According to the Florida judgment of divorce, the Florida court determined that it had jurisdiction over the subject matter and the parties. Further, the Florida judgment of divorce stated that William was a continuous resident of Florida for more than six months prior to his filing for divorce. Additionally, the Florida judgment of divorce recognized that the couple had one son who was of majority age. As for property division, the Florida judgment stated that the couple had no marital assets or debts for division. Regarding spousal support, the Florida judgment of divorce provided that "[t]here are no claims of alimony or spousal support in these proceedings." The Florida judgment of divorce also included a provision that stated, "Except with respect to the dissolution of marriage granted herein, the [Florida] Court reserves jurisdiction to enforce this Final Judgment."

¶ 9. On December 22, 2003, Irma filed a pro se motion that asked the Florida court to "acknowledge and confirm the support. . . adjudicated in Mississippi." Subsequently, Irma amended the motion and titled it an "Amended Motion for Rehearing." By order dated January 7, 2004, the Florida court denied Irma's amended motion as not providing a basis for rehearing and that the relief sought could not be sought through a motion.

¶ 10. On December 30, 2003, William paid Irma the balance of his separate maintenance arrearage. William also filed a petition in the Lincoln County Chancery Court. In that petition, William cited the fact that, by virtue of the Florida judgment of divorce, he was no longer married to Irma. Further, William asked the chancellor to dismiss his obligation to pay separate maintenance. Irma responded and filed a cross-petition to convert William's separate maintenance obligation into an obligation to pay permanent alimony.

*599 ¶ 11. The chancellor conducted a hearing and ordered that: (1) William owed Irma $2,400 in overdue separate maintenance payments, (2) William was to satisfy the arrearage in the amount of $50 per month, and (3) William's obligation to pay separate maintenance became an obligation to pay permanent alimony in the amount of $275 per month. It is from this order of the Lincoln County Chancery Court that William appeals. The issue for our consideration is the chancellor's decision to award permanent alimony. We affirm.

STANDARD OF REVIEW

¶ 12. A chancellor's decision to award alimony, as well as the amount, is left to the chancellor's discretion. Voda v. Voda, 731 So.2d 1152, 1154(¶ 7) (Miss. 1999). "Unless the chancellor is in manifest error and abused his discretion, we will not reverse." Id. However, we review questions of law according to the de novo standard. Townsend v. Townsend, 859 So.2d 370, 372(¶ 7) (Miss.2003).

ANALYSIS

¶ 13. William claims that the chancellor committed reversible error when he declined to terminate William's separate maintenance obligation and modified it to permanent alimony. William argues that Irma failed to assert her claim for permanent alimony during the Florida divorce proceedings and, as such, the chancellor should have barred Irma's claim for alimony. William argues that the Florida divorce operates as res judicata to Irma's request for permanent alimony, and the chancellor was required to extend full faith and credit to the Florida divorce action.

¶ 14. "The doctrine of res judicata reflects the refusal of the law to tolerate a multiplicity of litigation." Little v. V. & G Welding Supply, Inc., 704 So.2d 1336, 1337(¶ 8) (Miss.1997). "It is a doctrine of public policy designed to avoid the expense and vexation attending multiple lawsuits, conserve judicial resources, and foster reliance on judicial action by minimizing the possibilities of inconsistent decisions." Id. (internal quotations omitted). "Res judicata bars all issues that might have been (or could have been) raised and decided in the initial suit, plus all issues that were actually decided in the first cause of action." Id. (citing Estate of Anderson v. Deposit Guar. Nat'l Bank, 674 So.2d 1254, 1256 (Miss.1996)).

¶ 15. "Article IV, § 1 of the United States Constitution requires that full faith and credit be given to the judicial proceedings of sister states." Kolikas v. Kolikas, 821 So.2d 874, 880(¶ 34) (Miss.Ct. App.2002). "However, those proceedings are only entitled to full faith and credit where the rendering court properly has subject matter and personal jurisdiction." Id. The United States Supreme Court has applied the Full Faith and Credit Clause in the context of divorce actions.

¶ 16. In Davis v. Davis, 305 U.S. 32, 35, 59 S.Ct. 3, 83 L.Ed. 26 (1938), the district court for the District of Columbia ordered the husband to pay his wife monthly payments incident to a "decree of separation." Thereafter, the husband moved from Washington, D.C. to Virginia, and he filed for divorce. Id. at 36, 59 S.Ct. 3. The wife, a resident of Washington, D.C., appeared in the Virginia divorce action and contested the validity of the husband's Virginia residency. Id. The Virginia court granted the husband's request for a divorce. Id. at 37, 59 S.Ct. 3.

¶ 17.

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Bluebook (online)
924 So. 2d 596, 2006 WL 620288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lofton-v-lofton-missctapp-2006.