Pierce v. Pierce

132 So. 3d 553, 2014 WL 657407, 2014 Miss. LEXIS 122
CourtMississippi Supreme Court
DecidedFebruary 20, 2014
DocketNo. 2012-CA-01966-SCT
StatusPublished
Cited by19 cases

This text of 132 So. 3d 553 (Pierce v. Pierce) 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
Pierce v. Pierce, 132 So. 3d 553, 2014 WL 657407, 2014 Miss. LEXIS 122 (Mich. 2014).

Opinion

CHANDLER, Justice,

for the Court:

¶ 1. Martin and Star Pierce were married in Mississippi on October 8, 2000, and divorced by order of a Washington state court on July 24, 2007. Because the Washington court lacked personal jurisdiction over Star, it did not divide the parties’ assets. Subsequently, Martin brought an action in the Second Judicial District of the Chancery Court of Harrison County requesting sale of the parties’ Biloxi home and determination of the parties’ financial obligations incurred during the marriage. Star filed a counterclaim requesting equitable distribution of the marital assets, alimony, and attorney’s fees. The chancellor equitably divided the parties’ assets and awarded Star alimony and attorney’s fees. Martin appealed the chancellor’s judgment, and the Court of Appeals reversed the property division and remanded for further proceedings.

¶ 2. On remand, Martin raised two jurisdictional challenges for the first time. First, he argued that the Washington judgment was res judicata as to Star’s claims for equitable distribution and alimony; therefore, the chancery court lacked subject-matter jurisdiction to divide the parties’ assets. Second, he argued that, because he never consented to the chancery court’s jurisdiction, the chancery court lacked personal jurisdiction to divide his military retirement benefits under the Federal Uniformed Services Former Spouse Protection Act (FUSFSPA). See 10 U.S.C.A. § 1408(c) (2006). The chancery court found that it had subject-matter jurisdiction to divide the parties’ assets and personal jurisdiction over Martin under the FUSFSPA. The chancery court ordered the sale of the marital home, with the equity to be divided equally between the parties, and awarded Star a pro rata share of Martin’s military retirement accumulated during the marriage, half of Martin’s thrift savings plan accumulated during the marriage, rehabilitative alimony, and attorney’s fees. Martin renews his jurisdictional arguments on appeal and challenges the property division and award of rehabilitative alimony. He argues he was entitled to attorney’s fees and that the chancellor should have denied Star’s request for attorney’s fees as a sanction.

¶ 3. We find that, because the Washington court lacked personal jurisdiction over Star and had no authority to divide the parties’ assets, its judgment had no res judicata effect on property division, and the chancery court had subject-matter jurisdiction to equitably divide the parties’ property. We also find that Martin consented to the personal jurisdiction of the chancery court under the FUSFSPA by making a general appearance and trying the issue of property division through appeal without ever challenging personal jurisdiction. We further find that the chancellor did not abuse his discretion in equitably dividing the parties’ assets and in awarding Star rehabilitative alimony. We find that Martin was not entitled to attorney’s fees and his sanctions argument is procedurally barred. Therefore, we affirm.

FACTS

¶ 4. When Martin and Star were married, Martin was enlisted in the United States Navy. During the marriage, the Navy stationed Martin at several locations around the country, and he attended sev[558]*558eral training schools. Martin testified that dependents were discouraged from living at some of these locations. With the exception of Fallon, Nevada, Star did not live with Martin at any of these locations. Star testified that she suffered from numerous medical conditions including Crohn’s disease, kidney disease, endome-triosis, and arthritis. She testified that she had Crohn’s disease and kidney disease before the parties were married, and that Martin had been aware of these conditions. Star never worked or attended school during the marriage, but she kept the house clean and paid the bills. No children were born of the marriage, but Star had custody of Kayla, her daughter from a previous relationship.

¶ 5. Beginning in 2001, Martin was stationed in Fallon, Nevada, for three years, where he lived with Star and Kayla. After two years, Star decided to move back to Mississippi with Kayla. She testified that she moved because she needed a hysterectomy and needed to be closer to medical providers. Martin testified that Star returned to Mississippi because she was homesick and missed her family. The parties never lived together again after Star’s move to Mississippi. After Star’s hysterectomy, they bought a home in Biloxi. Star and Kayla lived in the home, and Martin, now stationed in Jacksonville, Florida, visited on weekends. Although the home was titled in the names of Martin and Star, Martin paid the mortgage and all other household expenses.

¶ 6. In 2005, Martin was transferred to Whidbey Island, Washington. Shortly thereafter, he was deployed to Japan for six months and then returned to Whidbey Island. In May 2006, Martin called Star and said he wanted a divorce. The parties agree that May 2006 was the date of separation. After the separation, Martin continued sending Star money for household expenses. Once Martin had established residency in Washington, he filed for divorce. Martin served Star with process, but she did not appear in the Washington proceeding. On July 24, 2007, the Washington court granted the divorce. The court declined to consider property division, stating “[s]ince the court does not have personal jurisdiction over [Star], the court cannot make any award of property or debts.”

¶ 7. On January 11, 2008, Martin filed a “Complaint to Adjudicate Real and Personal Property Rights and for Eviction of the Defendant” in the Second Judicial District of the Chancery Court of Harrison County. Martin asserted that he and Star had been divorced by order of a Washington court and attached a copy of the Washington divorce decree. Martin requested right, title, and possession of the marital home, that he be permitted to enter the home and recover his personal property, that the court determine the parties’ marital debt obligations, and that the court order Star to pay for any damage to the home. Star filed an answer and counterclaim for equitable distribution. She requested, inter alia, an equitable share of the marital assets, possession and title of the marital home, periodic and lump-sum alimony, an order for Martin to pay all marital debts, a pro rata share of Martin’s military retirement, to be named as the beneficiary of his Survivor’s Benefits Annuity, and reasonable attorney’s fees.

¶ 8. A hearing occurred on September 25, 2008. Martin testified that he had remarried on November 15, 2007. Although he met his current wife when deployed to Japan, he testified that they did not engage in sexual relations until after his separation from Star in May 2006. Star testified that she worked as a substitute teacher and a cashier at McDonald’s. Star maintained that her illnesses prevent[559]*559ed her from working full-time and that she was applying for disability. On December 23, 2008, the chancellor awarded Star possession of the marital home until she remarried or Kayla graduated from high school, sixty-five percent of Martin’s military retirement that accrued during the marriage, half of Martin’s thrift savings plan that accrued during the marriage, Martin’s military Survivor’s Benefits Annuity, $500 in permanent periodic alimony, $700 in periodic alimony to pay the mortgage, taxes, and insurance on the home, and Star’s attorney’s fees.

¶ 9. Martin appealed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sarah Anderson (Grabmiller) v. Joshua Grabmiller
Court of Appeals of Mississippi, 2024
Marriage of Sullivan
California Court of Appeal, 2023
Rubiela Williams v. Ennis Williams
Court of Appeals of South Carolina, 2022
Lisa Diann Crew v. Sidney Ellis Tillotson, Jr.
Court of Appeals of Mississippi, 2019
Faith Abercrombie v. Jonathan Abercrombie
Court of Appeals of Mississippi, 2019
Chasity v. Anderson v. Darnice Wiggins
Court of Appeals of Mississippi, 2019
Timothy Robert Ronk v. State of Mississippi
267 So. 3d 1239 (Mississippi Supreme Court, 2019)
Mississippi Department of Human Services v. Ben Porter
237 So. 3d 799 (Court of Appeals of Mississippi, 2017)
Andrea Leigh Taylor v. Thomas Roy Taylor, Jr.
201 So. 3d 420 (Mississippi Supreme Court, 2016)
Michael B. Gaffney v. City of Richland, Mississippi
202 So. 3d 238 (Court of Appeals of Mississippi, 2016)
John Kendall Myrick, Jr. v. Dee Bunnell Myrick
186 So. 3d 429 (Court of Appeals of Mississippi, 2016)
Palihawadange Fernando v. Martha Gay Weaver Sapukotana
179 So. 3d 1105 (Mississippi Supreme Court, 2015)
John F. Layton, Jr. v. Amanda Reece Layton
181 So. 3d 275 (Court of Appeals of Mississippi, 2015)
Burnham v. Burnham
185 So. 3d 386 (Court of Appeals of Mississippi, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
132 So. 3d 553, 2014 WL 657407, 2014 Miss. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-pierce-miss-2014.