Myers v. Myers

741 So. 2d 274, 1998 WL 455104
CourtCourt of Appeals of Mississippi
DecidedAugust 4, 1998
Docket96-CA-01168 COA
StatusPublished
Cited by8 cases

This text of 741 So. 2d 274 (Myers v. Myers) 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
Myers v. Myers, 741 So. 2d 274, 1998 WL 455104 (Mich. Ct. App. 1998).

Opinion

741 So.2d 274 (1998)

John Kenneth MYERS and Lynda Dederich, Appellants,
v.
Betty Gayle MYERS, Appellee.

No. 96-CA-01168 COA.

Court of Appeals of Mississippi.

August 4, 1998.
Rehearing Denied October 27, 1998.
Certiorari Denied January 7, 1999.

*276 Thomas T. Buchanan, Laurel, Attorney for Appellant.

Larry O. Norris, Hattiesburg, Attorney for Appellee.

Before McMILLIN, P.J., and DIAZ and KING, JJ.

KING, Judge, for the Court:

¶ 1. Betty Gale Myers was granted a divorce from her husband, John Kenneth Myers, on the ground of adultery. In the division of marital assets, the Jones County Chancery Court set aside certain real and personal property conveyances from Mr. Myers to his sister as fraudulent, placed a $98,000 certificate of deposit purchased with proceeds of a personal injury settlement into a constructive trust for Mrs. Myers, and divided remaining marital property equally between the parties. Aggrieved, Mr. Myers assigns six points of error on appeal:

(1) The Court erred in failing to make specific findings of fact and conclusions of law as requested by the Husband.
(2) The Court erred in granting the Wife's divorce on the grounds of adultery.
(3) The Court erred in identifying the marital assets of the parties.
(4) The Court erred in finding a constructive trust as to a certificate of deposit in the name of the Husband.
(5) The Court erred in finding that certain real and personal property conveyances between the Husband and his sister were fraudulent conveyances.
(6) The Court erred in granting attorney's fees to the Wife.

¶ 2. Finding error only in the chancellor's determination that the certificate of deposit belonged solely to Mrs. Myers and his subsequent imposing of a constructive trust upon the certificate of deposit, we reverse in part and remand. We affirm the remaining portions of the chancery court judgment.

FACTS

¶ 3. John and Betty Gale Myers were married in July of 1971 and divorced in July of 1996. The couple had three children. At the time of the divorce, the children were adults. Throughout the marriage, Mr. Myers operated a grocery store, raised cattle, and sold used cars and farm equipment. Mrs. Myers assisted Mr. Myers with some of the businesses and later worked as cashier in the University of Southern Mississippi's business office. After being injured in a car accident in 1985, she stayed at home to care for the family.

¶ 4. Mrs. Myers initially filed for divorce in February of 1994, alleging the grounds of habitual cruel and inhuman treatment. The Jones County Chancery Court ruled that Mrs. Myers failed to sufficiently establish this ground of divorce. In January of 1995, Mrs. Myers again filed for divorce, alleging constructive desertion, adultery, and cruel and inhuman treatment. In March of 1995, she amended the second complaint, adding the ground of natural impotency. Mr. Myers filed a Motion to Dismiss the claims of natural impotency and constructive desertion which was *277 granted. The Court consolidated the second complaint for divorce with Mrs. Myers' suit to set aside certain conveyances between Mr. Myers and his sister and an interpleader filed by the First Magnolia Bank for Savings regarding a certificate of deposit in Mr. Myers' name. After a trial in this cause, the chancellor found adulterous conduct by Mr. Myers and granted the divorce.

¶ 5. The chancellor found that Mr. Myers had fraudulently conveyed real and personal property to his sister, Lynda Dederich, and set aside these conveyances. The Court determined that these fraudulently conveyed items were marital property, subject to division by the court.

¶ 6. The chancellor found that a certificate of deposit, held in Mr. Myers' name, was part of the proceeds of a personal injury award to Mrs. Myers. Because the certificate of deposit was held in Mr. Myers' name for the sole purpose of FDIC insurance, the court held it to be the separate property of Mrs. Myers, and imposed a constructive trust upon it.

¶ 7. William Robinson, Mr. Myers' brother in law, received $18,000 from Mr. Myers to repurchase approximately twenty-two acres of Mr. Robinson's foreclosed farmland. Mr. Robinson testified that he repurchased the land for Mr. Myers' benefit. He spoke to Mr. Myers on several occasions concerning the transfer of the land and the removal of Mr. Robinson's name from the deed. However, Mr. Myers hesitated about the transfer. The Court ultimately determined that the land was purchased with proceeds of the certificate of deposit and that Mr. Myers' transfer of these funds was "a conscious effort to delude [Mrs. Myers] and this Court about his financial transactions". Mrs. Myers was, therefore, granted an equitable lien on the real property held in Mr. Robinson's name to the extent of $18,000.

¶ 8. Marital property was divided equally between the parties as follows:

(1) The marital home together with 2.5 acres appurtenant thereto,
(2) One acre of land and mobile home,
(3) The 6 acre and 3.75 acre parcels of land obtained in 1973,
(4) The .87 acre lot and shop,
(5) The household furnishings, farm equipment and all other items of personal property acquired during the marriage.

The chancellor ordered the parties to agree upon a division or sale of the remaining real property.

¶ 9. Mr. Myers requested the court to make specific findings of fact and conclusions of law regarding the res judicata effect of evidence existing prior to the first divorce proceeding, the burden of proof, elements of a fraudulent conveyance and a constructive trust. The court ruled that it had sufficiently responded to this request in its "Opinion" dated July 15, 1996. Mr. Myers' Motion for New Trial, Motion for Additional Findings of Fact and Conclusions of Law and Motion to Amend Judgment were denied. He now appeals the denial of these motions and the granting of the divorce. ISSUES

I. THE COURT ERRED IN FAILING TO MAKE SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW AS REQUESTED BY THE HUSBAND.

¶ 10. Mr. Myers contends that the chancery court should have provided specific findings of fact and conclusions of law. He argues that the court failed to give legal standards regarding (1) the res judicata affect of the first trial and (2) the burden of proof and elements of a constructive trust and fraudulent conveyance. We disagree.

¶ 11. Mississippi Rule of Civil Procedure 52 addresses the question of findings of fact and conclusions of law by the judge sitting without a jury. A court has technically complied with the mandates of Rule 52 where it makes general *278 findings of fact and conclusions of law although requested by a party to make specific findings. Century 21 Deep South Prop. v. Corson, 612 So.2d 359, 367 (Miss. 1992).

¶ 12. The chancellor made the following findings of fact leading to his conclusions of law:

Res Judicata Effect (Court's statements during the Hearing on the Motion for a New Trial)

"It is clear from the Opinion that I think its clear from the record if you'll look at the testimony, that all of these [adulterous] matters occurred prior to the separation and prior to the first divorce trial."

Constructive Trust (Court's Opinion dated July 15, 1996)

"Betty Gayle was involved in an automobile accident while she and John lived together.

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Cite This Page — Counsel Stack

Bluebook (online)
741 So. 2d 274, 1998 WL 455104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-myers-missctapp-1998.