Moody v. Moody

2017 Ark. App. 582, 533 S.W.3d 152, 2017 WL 4946725, 2017 Ark. App. LEXIS 654
Court of Appeals of Arkansas·Decided November 1, 2017·No. CV-16-514·Published·Cited by 8 cases

Opinion

WAYMOND M. BROWN, Judge

I lAppellant appeals from .the circuit court’s Febrüary 25, 2016 order disposing of the parties' multiple contempt motions. On appeal, she argues that (1) appellee should be responsible for the real-estate taxes on the marital home he received in the property-settlement agreement, (2) the circuit court’s flatware ruling was reversible error, (3) the circuit court erred in splitting the lion statues, (4) appellant is entitled to the full value of the Kubota tractor, (5) the circuit court erred in ruling on her contempt motion relating to appel-lee’s parental neglect without taking testimony, and (6)-the circuit court erred by denying .her motion for contempt for ap-pellee’s “harassing and annoying filings.” We affirm in part and reverse in part.

The parties were divorced pursuant to a divorce decree entered on January 8, 2015. It was stated in the decree that the parties reached a “settlement compromise of all property |2rights and debt liabilities existing between them, which agreement the Court [found] to be fair, reasonable and equitable.” The agreement was “incorporated [therein] by reference.”

Appellee filed the first motion for contempt on March 20, 2015. He stated therein that the parties had met and divided the property by agreement and put the agreement in writing,--but that a number-of items of personal property were removed from the marital home when appellant -vacated the premises. Of import to this appeal were two missing Railroad Baron side tables; appellee’s mother’s silver, which he inherited; appellee's half of the china; ap-pellee’s half of the silver-plated flatware; and two cast-stóne lion statues, which had been in front of the marital home.

Appellant responded on March 26, 2015, denying all of appellee’s allegations and filing a counter-petition for contempt. She sought a contempt citation against appellee for allowing* their minor child, on March 17, 2015, to “sit unrestrained and unattended, on the rear of his convertible while [appellee] drove the vehicle ini the St. Patrick’s Day Parade in Little Rock, placing the child in danger and against the best interest in the child.” She also alleged that during a spring break visitation in Nassau, Bahamas, “the child became lost after [ap-pellee] placed the child, unattended, in a lazy river,’ causing the water park staff to search nearly half- an hour for the [appel-lee’s] whereabouts before locating him, again placing the child in danger and against the best interest of the child.” 1 She also sought a contempt citation based on appellee’s refusal to surrender an “expensive oriental rug,” 2 which she ^valued at $3,800.00, and a Kubota tractor, which “had been in continual use since its purchase in 2011 as a lawn tractor” and which she stated was designated to go with her, though she stated that it was “not part of the property specifically identified by. the Decree.”

Appellee responded to appellant’s counter-petition on April 8, 2015, averring that while the minor child was allowed to ride on his vehicle in the parade, it was “at a walking pace, [and the child] was properly supervised by her father and Little Rock Police, along with 60 to 70 other vehicle participants.” He also averred that “the minor child was allowed to ride the ‘lazy river’ ride in the Bahamas in an inner tube in approximately 3 feet deep water and was properly supervised and in his view at all times, along with lifeguards[.]” Regarding the tractor, he asserted that “his farm, Moody Family Farm, LLC, purchased the Kubota tractor in May 2011 with funds from [appellee’s] mother and [appellant] has no interest” as the parties agreed that Moody Family Farm, LLC is a non-marital asset. He asserted that appellant gave him the oriental rug. Where else pertinent, appellee denied the allegations in appellant’s counterpetition for contempt.

Appellee filed an amended motion for contempt on November 16, 2015, asserting that contrary to the divorce decree and settlement agreement, appellant had failed to pay the real-property taxes as ordered. Appellant filed a motion for contempt on December 18, 2015, asserting that appellee “through his counsel, continued] to make unreasonable demands that serve no legitimate purpose and [were] done in an effort to drive up legal fees and to harass and annoy the [appellant,]” in violation of the circuit court’s April 1, 2011 | ¿restraining order enjoining and restraining each party from “harassing the adverse party[.]” 3 Ap-pellee responded on January 13, 2016,* denying her allegation. 4

A hearing on the outstanding motions was held on February 18, 2016. Adrienne Griffis, an attorney from appellee’s counsel’s firm, testified to accompanying appel-lee and his decorator to inventory the home in December 2014. She saw “pieces of silverware packed away in storage” in a closet. They opened the storage and looked at the silverware, which was Boulenger, using the “flashlight setting” from appel-lee’s cell phone. She saw appellee attempt to take a picture of the silver flatware with his phone; he “said it didn’t come out.” No other pictures were taken, but she prepared an inventory that originated from appellant’s list, onto which they added. She noted premarital property in the inventory based on the parties’ assertions of the same.

Cindi Hall, the parties’ interior designer, testified to assisting in inventorying the parties’ property in December 2014. She saw the “silver pieces in the marital home” in a closet in the back hallway. She thought Griffis tried to take a picture, but she knew Griffis took the silverware out and got the name and pattern. It was in a container and looked like a twelve-piece setting. She found the two Railroad Baron side tables in the garage. Appellee received four place settings of the bone Le-nox China, though he was supposed to receive | (¡six. The two cast stone lion statues were in front of the house when they did the inventory, but were gone after appellant vacated the premises. She testified that there were “pictures of everything” except the Railroad Baron side tables. “Nowhere on the list” did it say that appellee was to get the lion statues. 5

Appellee testified that the June 11, 2013 order made appellant responsible for the property taxes on the residence from January 13, 2013, until further ordered and that the decree made appellant responsible for utilities ‘-‘and other expenses associated with the marital residence as previously ordered by this Court until she vacates the marital home.” He understood that to include real-estate taxes. He was awarded “any outstanding indebtedness on the residence inclusive of taxes and insurance” and that is why he “specifically added” language to the decree that appellant “would be responsible for what she was due” under the previous temporary order. 6 He assumed he was responsible for any taxes due and owing “going forward” from when appellant vacated the home. He agreed to pay appellant $27,500 per month in child support while appellant was in the home, and the real-estate taxes were to be covered by appellant as part of that arrangement.

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Moody v. Moody, 2017 Ark. App. 582, 533 S.W.3d 152, 2017 WL 4946725, 2017 Ark. App. LEXIS 654 (Ark. Ct. App. 2017).

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