Moses v. Moses

879 So. 2d 1036, 2004 WL 1753396
CourtMississippi Supreme Court
DecidedAugust 5, 2004
Docket2003-CA-01471-SCT
StatusPublished
Cited by14 cases

This text of 879 So. 2d 1036 (Moses v. Moses) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moses v. Moses, 879 So. 2d 1036, 2004 WL 1753396 (Mich. 2004).

Opinion

879 So.2d 1036 (2004)

Christopher Jerome MOSES
v.
Kindalin Kay MOSES.

No. 2003-CA-01471-SCT.

Supreme Court of Mississippi.

August 5, 2004.

James Eldred Renfroe, Roy J. Perilloux, Jackson, attorneys for appellant.

*1037 Rajita Iyer Moss, Bobby Owens, attorneys for appellee.

Before WALLER, P.J., EASLEY and CARLSON, JJ.

EASLEY, Justice, for the Court.

STATEMENT OF THE CASE

¶ 1. This appeal from the Hinds County Chancery Court involves a contempt action brought before Chancellor Patricia D. Wise by Kindalin Kay Moses (Kindalin) against Christopher Jerome Moses (Christopher). On June 9, 2003, Kindalin filed the contempt action against Christopher for failure to exercise his option to purchase the marital home or place the home on the market for public purchase. The trial court heard the contempt on June 23, 2003. This contempt action was brought after the trial court had rendered its judgment of divorce on March 17, 2003. The contempt action involved Christopher's option to purchase the marital home and placing the home on the market for public purchase. The trial court found Christopher in contempt for failing to comply with the spirit of the amended final judgment of divorce by placing an advertisement in The Clarion-Ledger newspaper and not listing the house with a reputable real estate agency.

¶ 2. The trial court ordered Christopher to pay $75 per day from May 17, 2003, the date the trial court deemed that the house should have been placed on the market, being $2,700 plus an additional $550 in attorney's fees, totaling $3,250. Christopher submitted payment of $3,250 to the chancery clerk. The notice of receipt from Kindalin's attorney, Rajita Moss, for the $3,250, as release of Christopher's contempt, was filed with the trial court on June 24, 2003.

¶ 3. Christopher had previously appealed the trial court's ruling regarding the divorce and division of the marital estate. That appeal was assigned to the Mississippi Court of Appeals. At the time the trial court heard this contempt action, the Court of Appeals had not made a ruling. However, in an opinion authored by Judge Bridges, the Court of Appeals has now considered that appeal and has reversed and rendered the chancellor's decision to grant the divorce and the division of the marital property. See Moses v. Moses, 879 So.2d 1043 (Miss. 2004) (motion for rehearing pending). Therefore, based on the Court of Appeals' holding, the parties are still married. The Court of Appeals also found the Chancellor's ruling regarding the marital home to be "too indefinite to be enforced." Id. The Court of Appeals also noted "the lack of consideration of the Ferguson factors in the division of the marital assets especially the marital home." Id.

¶ 4. Christopher now timely appeals the trial court's incarceration order of June 23, 2003, and its judgment of contempt executed on June 25, 2003, which was filed on June 26, 2003.

FACTS

¶ 5. Christopher and Kindalin were divorced on March 17, 2003. As to the marital home, the trial court's amended final judgment of divorce entered on March 17, 2003, provides:

Both parties agreed upon the appraisal obtained by Plaintiff Kindalin Moses. The husband is granted the first option to purchase the house and pay the wife one half of the equity in the house within sixty days of the date of this order. If the husband fails to exercise his option to purchase the house, the house will be placed on the market for public purchase. Additionally, the husband will continue to have temporary use an *1038 possession of the marital home and be responsible for the mortgage notes, the insurance and such. The Court will consider granting the husband some equitable relief for payments made after the house is placed on the market for sale.

(emphasis added).

¶ 6. The trial court did not state that the marital home had to be listed with a realtor or a reputable real estate agency. Christopher testified that he placed the house for sale in the real estate section of The Clarion-Ledger classifieds sometime in June of 2003. A copy of the advertisement is contained in the record. The advertisement for sale contained a description of the property, the asking price and a photograph of the home. The trial court overruled Christopher's hearsay objection to allow Kindalin to testify that some male at The Clarion-Ledger informed her that the advisement began running on June 12, 2003.

¶ 7. On June 9, 2003, Kindalin filed her motion for contempt against Christopher requesting a judgment be entered against Christopher for failure to exercise his option to purchase the marital home and place the home on the market for public purchase. Alternatively, Kindalin requested that Christopher be required to turn over use and possession of the home to her and the trial court incarcerate him until he purged his contempt.

¶ 8. The trial court held:

The Court finds that Christopher Moses is in willful civil contempt of this Court by not placing the house on the market for sale.
* * *
By placing the ad in the newspaper in this Court's opinion certainly did not follow the spirit of the previous order. And further the Court notes that there has not been presented any request or any petition to allow the house to be sold through a private sale or to waive the necessity of placing the house on the market through a reputable real estate agency.
* * *
This Court recognizes that this matter is on appeal, and therefore, in fairness and equity, will do what in this Court's opinion is just and right in that consideration.

¶ 9. The trial court calculated the date that the home should have been placed on the market as May 17, 2003. In assessing Christopher's contempt, the trial court stated:

That he shall be assessed a fine of $75 per day from the date that it should have been placed on the market to today's date, and continuing until the house is place on the market, and that being $2,700, plus attorney's fees of $550.
* * *
This Court would direct and order that Mr. Moses be incarcerated until he has purged himself from contempt of this Court in the like amount of $3,250.[1]

¶ 10. Christopher paid the $3,250 to the chancery clerk. On June 24, 2003, Kindalin's attorney signed for receipt of the $3,250 check. Christopher now appeals to the Court raising the following issues:

I. Whether the chancellor erred in finding Christopher in contempt of Court.

*1039 II. Whether the chancellor erred in awarding Kindalin attorney's fees.

DISCUSSION

¶ 11. In Wing v. Wing, 549 So.2d 944, 946-47 (Miss.1989), this Court stated the standard of review for contempt proceedings:

In reviewing a judgment for contempt, this Court proceeds ab initio.
* * *
The standard of review of a chancellor's finding of ultimate fact is limited. This Court upholds such a finding where there is substantial evidence consistent with the finding made by the Chancery Court. Wood v. Wood, 495 So.2d 503 (Miss.1986); Carr v. Carr, 480 So.2d 1120 (Miss.1985); Tucker v. Tucker, 453 So.2d 1294 (Miss.1984). Such finding will not be disturbed unless manifestly wrong. Wood, supra; Carr, supra.

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Cite This Page — Counsel Stack

Bluebook (online)
879 So. 2d 1036, 2004 WL 1753396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moses-v-moses-miss-2004.