Pratt v. Pratt

977 So. 2d 386, 2007 WL 2597708
CourtCourt of Appeals of Mississippi
DecidedSeptember 11, 2007
Docket2006-CA-00206-COA
StatusPublished
Cited by3 cases

This text of 977 So. 2d 386 (Pratt v. Pratt) 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
Pratt v. Pratt, 977 So. 2d 386, 2007 WL 2597708 (Mich. Ct. App. 2007).

Opinion

977 So.2d 386 (2007)

Wallace D. PRATT, Appellant
v.
Josephine G. PRATT, Appellee.

No. 2006-CA-00206-COA.

Court of Appeals of Mississippi.

September 11, 2007.
Rehearing Denied December 4, 2007.

Wren Carroll Way, Vicksburg, attorney for appellant.

Eugene A. Perrier, Vicksburg, attorney for appellee.

Before MYERS, P.J., ISHEE and CARLTON, JJ.

*387 ISHEE, J., for the Court.

¶ 1. Wallace D. Pratt and Josephine G. Pratt were divorced on February 26, 2002, on grounds of irreconcilable differences in Warren County Chancery Court. The Pratts entered into a property settlement agreement that was incorporated into the divorce judgment. On July 16, 2004, Wallace filed a motion to reform the property settlement agreement alleging the final agreement was formed under a mutual mistake of the parties due to a scrivener's error in the drafting. A hearing was held, and on December 29, 2005, the chancellor entered a memorandum opinion and final judgment denying Wallace's motion. On January 5, 2006, Wallace filed a motion for reconsideration. A hearing was held on the motion for reconsideration, and on January 13, 2006, the chancellor entered her final judgment denying the motion. Aggrieved, Wallace appeals asserting the following assignments of error for this Court's review:

I. The chancellor erred in not reforming the property settlement agreement to conform to the intent of the parties.
II. The chancellor erred in not correcting a clerical mistake, pursuant to Rule 60(a) of the Mississippi Rules of Civil Procedure, in the property settlement agreement which was incorporated into its judgment of divorce.
III. The chancellor erred, pursuant to Rule 60(b) of the Mississippi Rules of Civil Procedure, in not correcting a mistake in the property settlement agreement incorporated into its judgment of divorce.

Finding no error, we affirm.

FACTS

¶ 2. Wallace and Josephine were married on July 3, 1963, in Florence, Alabama. They lived as husband and wife until April 15, 2001. On February 26, 2002, in the Chancery Court of Warren County, the Pratts were divorced on the grounds of irreconcilable differences. They incorporated a property settlement agreement (agreement), pursuant to Mississippi Code Annotated section 93-5-7, into the judgment of divorce for the purpose of resolving all property rights between the parties. The agreement was executed by Wallace and Josephine, as well as their respective attorneys throughout the divorce and property settlement proceedings. Wallace's attorney of record was R. Louis Field and Josephine's was J. Mack Varner. As evidenced by the record, the agreement was reached by negotiations and correspondence mostly between the attorneys for their respective clients.

¶ 3. Initially, Varner sent Field a letter, via facsimile, on August 1, 2001, which requested information regarding (1) the balance of Wallace's Thrift Savings Plan, (2) the amount of his Social Security benefits upon his retirement, and (3) the amount he would receive from his government retirement benefits so that Varner could draft a settlement proposal. On November 29, 2001, Varner sent Field a draft settlement proposal which divided marital assets of real and personal property. In pertinent part to this appeal, the proposal included a request for $1,500 permanent periodic alimony to be paid monthly and a surviving spousal annuity in the full amount allowed by the government from Wallace's retirement benefits. The settlement proposal stated that Josephine would make no other claim on Wallace's government retirement, Social Security, and thrift savings account in exchange for the alimony and surviving spousal annuity. The next correspondence of record was sent by Field to Varner on December 5, *388 2001, as a counteroffer to Varner's originally proposed settlement. Field's counteroffer stated that no alimony would be paid, Wallace would carry Josephine as a dependant on his health insurance, and that a surviving spousal annuity from Wallace's government retirement would be provided for Josephine in the event Wallace predeceased her.[1]

¶ 4. On December 10, 2001, Field sent Varner the complaint for divorce and indicated that a property settlement agreement was forthcoming. Wallace, through Field, filed the complaint for divorce on December 13, 2001. The next correspondence of record was a letter from Varner to Field on January 2, 2002, with a list of three "suggested changes" to the proposed property settlement agreement.[2] For purposes of this appeal, paragraph three was the only one of consequence, which stated that Varner had an appointment with the office of personnel management at Waterways[3] to educate himself on the language needed regarding "the health benefits under paragraph seven, and the spousal annuity under paragraph eight" of the agreement. On February 8, 2002, Varner sent Field a fax as an "addendum" to the agreement regarding paragraphs seven, eight, and nine which requested that the included language be added to the agreement. The addendum included the following language for paragraph eight:

In the event that Husband predeceases Wife, Husband agrees that Wife shall be paid fifty percent (50%) of his FERS and/or Civil Servants Retirement Service (CSRS) as a Retirement Surviving Spousal Annuity for Wife as his surviving spouse. Husband agrees that Wife will receive full benefits at time of retirement of Husband and not as of the date of the divorce. Wife shall only be entitled to said annuity if she survives Husband. Husband agrees at his retirement to execute such documents as may be required to make his election of Wife to be the beneficiary of the Surviving Spousal Annuity. Husband further agrees to execute any other additional documents required to facilitate payment of the Surviving Spousal Annuity described herein. Husband agrees that this Property Settlement Agreement and Final Judgment of Divorce shall be forwarded to the Office of Personnel Management for the express purpose to reflect Husband's election of Wife to receive full benefits of fifty percent (50%) of his FERS Retirement Surviving Spousal Annuity at his time of retirement, and for the Office of Personnel Management to make such notation in his files and records.

¶ 5. Wallace executed an agreement on February 14, 2002, that did contain the requested language of paragraph eight, from Varner's February 8 fax; however, the language for paragraphs seven and nine was not included. Josephine did not sign that agreement. Consequently, on February 22, 2002, the Pratts executed an agreement, which became part of the judgment of divorce on February 26, 2002. The suggested language from Varner's *389 February 8 fax for paragraphs seven, eight, and nine was not included in the final agreement. For purposes of this appeal, the ultimate language of paragraph eight that was attested to by both parties and their attorneys was the following:

8. In the event that Husband predeceases Wife, Husband agrees that Wife shall be paid fifty percent (50%) of his FERS Retirement Annuity and/or Civil Servants Retirement Service (CSRS) as a retirement surviving spousal annuity for Wife as his surviving spouse. Husband agrees that Wife will receive full benefits at time of retirement of Husband and not as of the date of the divorce. Wife shall only be entitled to said annuity if she survives Husband.

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Bluebook (online)
977 So. 2d 386, 2007 WL 2597708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-pratt-missctapp-2007.