Redd v. Redd

828 So. 2d 1273, 2002 Miss. App. LEXIS 559, 2002 WL 31372268
CourtCourt of Appeals of Mississippi
DecidedOctober 22, 2002
DocketNo. 2001-CA-00992-COA
StatusPublished

This text of 828 So. 2d 1273 (Redd v. Redd) 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
Redd v. Redd, 828 So. 2d 1273, 2002 Miss. App. LEXIS 559, 2002 WL 31372268 (Mich. Ct. App. 2002).

Opinion

IRVING, J.,

for the court.

¶ 1. Mary Lu Redd (Mary Lu) appeals from an order of the Chancery Court of Lincoln County giving her twenty-three percent of the amount by which the marital estate had been undervalued due to a mathematical error. She submits a single issue: whether the lower court on remand erred by failing to fairly divide the remaining marital assets.

¶ 2. Finding no reversible error, we affirm.

FACTS

¶ 3. This case is before this Court a second time. Our initial decision is reported at Redd v. Redd, 774 So.2d 492 (Miss.Ct.App.2000). Mary Lu and Zelmer Gordon Redd (Zelmer) were married for thirty-two years, and from that union four children were born. Mary Lu was granted a divorce from Zelmer on the grounds of habitual cruel and inhuman treatment. The special chancellor, R.B. Reeves, initially determined that the marital property was valued at 4.6 million dollars. Mary Lu received twenty-three percent of the marital estate.

¶ 4. In Mary Lu’s initial appeal, this Court found manifest error in the chancellor’s valuation of the marital estate and reversed and remanded. This Court found that the marital estate was actually worth $5,070,155, or $470,155 more than initially determined by the trial court. We instructed the chancellor on remand to:

reconsider the distribution of marital assets to Mary Lu in light of the valuation error, keeping in mind the guidelines set forth in Ferguson. We do not address whether the chancellor’s distribution to Mary Lu was equitable since we do not yet know what portion of the discrepancy in the valuation the chancellor will award on remand. We note, however, in light of the highly deferential standard of review, that twenty-three percent of the total estate, standing alone, is not grounds for reversal. This is especially [1275]*1275true since the assets awarded to Mary Lu were of the type that would be easy to liquidate, while Gordon received ongoing business concerns together with total responsibility for the Labilities attached thereto.

Redd, v. Redd, 774 So.2d 492, 496 (¶ 15) (Miss.Ct.App.2000).

¶ 5. The hearing to address the matter on mandate from this Court commenced on April 16, 2001. Following arguments from both sides, the chancellor stated, “I simply don’t read this opinion as telling me to revisit the entire case.” The lower court issued a judgment on May 17, 2001. The judgment set forth that the prior written opinion in this case by Judge Reeves contained a valuation error resulting in $470,155 not being included in the marital estate.1 Judge Patten utilized the same percentage as had Judge Reeves and awarded Mary Lu twenty-three percent of the $470,155, or an additional $108,135.

ANALYSIS AND DISCUSSION OF THE ISSUE

¶ 6. An appellate court’s scope of review in domestic relations cases is limited, and an appellate court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal standard was applied. Johnson v. Johnson, 823 So.2d 1156, 1159(¶ 7) (Miss.2002) (citing Ferguson v. Ferguson, 639 So.2d 921, 930 (Miss.1994); Bell v. Parker, 563 So.2d 594, 596-97 (Miss.1990)). Furthermore, the chancellor’s findings of fact will not be reversed if there is any substantial credible evidence which supports them. Dunaway v. Bushin, 498 So.2d 1218, 1221 (Miss.1986).

¶ 7. Mary Lu contends that the lower court on remand committed error in awarding her only twenty-three percent of the $470,155. Additionally, Mary Lu argues that the trial court committed error in its total distribution of the marital estate by only awarding her twenty-three percent. Mary Lu further suggests that the trial court, in both the initial divorce proceeding and on remand, failed to provide any findings of fact to explain its reasons for such a limited award.

¶ 8. The Ferguson guidelines are eight considerations that the Mississippi Supreme Court adopted for chancery courts to use when they equitably divide marital property. Those guidelines include:

1. Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:
a. Direct or indirect economic contribution to the acquisition of the property;
b. Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage, and
c. Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets;
2. The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree or otherwise;
3. The market value and the emotional value of the assets subject to distribution;
4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the [1276]*1276marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;
5. Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;
6. The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties;
7. The needs of the parties for financial security with due regard to the combination of assets, income and earning capacity, and
8. Any other factor which in equity should be considered.

Ferguson, 689 So.2d at 928.

¶ 9. The law of this state requires equitable, not equal, distribution of the marital estate. Peterson v. Peterson, 797 So.2d 876, 880 (¶ 17) (Miss.2001). Equitable division is the fair determination of the division of marital property based on both spouses’ contributions during the marriage. Traxler v. Traxler, 730 So.2d 1098, 1102 (¶ 21) (Miss.1998).

¶ 10. A review of the record reveals that Judge Reeves in the initial divorce proceeding did in fact consider the Ferguson guidelines in determining that Mary Lu was entitled to twenty-three percent of the marital estate. Judge Patten concluded that Judge Reeve’s opinion should not be disturbed. Judge Patten on remand ruled in the following manner regarding Judge Reeve’s earlier decision:

The prior Written Opinion of Judge Reeves and resulting order contained a valuation error resulting in $470,155.00 in total of the marital estate that should have been considered, but was not.
Judge Reeves, after having considered all of the evidence in the case, determined that Mrs. Redd was entitled to 23% distribution of the marital assets as equitable distribution.

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

Related

Johnson v. Johnson
823 So. 2d 1156 (Mississippi Supreme Court, 2002)
Bell v. Parker
563 So. 2d 594 (Mississippi Supreme Court, 1990)
Redd v. Redd
774 So. 2d 492 (Court of Appeals of Mississippi, 2000)
Dunaway v. Busbin
498 So. 2d 1218 (Mississippi Supreme Court, 1986)
Ferguson v. Ferguson
639 So. 2d 921 (Mississippi Supreme Court, 1994)
Peterson v. Peterson
797 So. 2d 876 (Mississippi Supreme Court, 2001)
Traxler v. Traxler
730 So. 2d 1098 (Mississippi Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
828 So. 2d 1273, 2002 Miss. App. LEXIS 559, 2002 WL 31372268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/redd-v-redd-missctapp-2002.