Rodney Maurice Williams v. Courtney Darlene Williams

179 So. 3d 1242, 2015 Miss. App. LEXIS 592, 2015 WL 7253340
Court of Appeals of Mississippi·Decided November 17, 2015·No. 2014-CP-01367-COA·Published·Cited by 5 cases

Opinions

IRVING, P.J.,

for the Court:

¶ 1. Rodney Williams, proceeding pro se, appeals from the judgment of the Chancery Court of DeSoto County that granted his wife, Courtney, a divorce, on the ground of habitual cruel and inhuman treatment. He asserts that the chancellor erred in (1) excluding -certain evidence, (2) granting the divorce, (3) failing to; classify certain debts, (4) distributing the marital estate, (5) awarding Courtney periodic alimony, and (6) awarding Courtney attorney’s fees. He also argues that the. chancellor was biased and should have recused himself.

¶2. We find that-the chancellor-did not err in excluding the evidence complained of and that the granting of the divorce and the award of attorney’s fees to Courtney were proper. We further find that the record does not establish bias on the part of the chancellor. Consequently, we affirm on these issues. However, because we find that the chancellor erred in failing to classify certain debts that allegedly were incurred during the course- of the marriage, we reverse and remand on this issue, which necessarily requires new consideration of the distribution of the marital estate. Also, we pretermit discussion of the issue of alimony,- as it is not- ripe for consideration until after the marital estate has [1246] been properly identified, valuated, and distributed.

FACTS

¶ 3. Rodney and Courtney were married on November 29, 2002, in Tennessee, and they separated on or about June 30, 2013, in DeSoto County, Mississippi. No children were born to the marriage.

¶ 4. On two occasions before this litigation ensued, Courtney sought to have Rodney involuntarily committed to a mental-health facility based upon allegations that Rodney was delusional and suffering from paranoia. As a result, Rodney was committed for inpatient treatment and later— following Courtney’s second application to have him committed — was ordered to- get outpatient treatment. After Rodney completed his outpatient treatment, he filed a complaint for divorce against Courtney, alleging habitual cruel and inhuman treatment and, in the alternative, irreconcilable differences. Courtney filed a counterclaim for divorce, alleging habitual cruel and inhuman treatment, insanity, and, in the alternative, irreconcilable differences. After a trial, the chancellor dismissed Rodney’s complaint and granted Courtney a divorce on the ground of habitual cruel and inhuman treatment. This appeal followed.

DISCUSSION

¶ 5. The standard of review in domestic-relations matters is well-settled:

The findings of a chancellor will not be disturbed when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong [or] clearly erroneous or an erroneous legal standard was applied. Under the standard of review utilized to review a [chancellor’s] findings of fact, particularly in the areas of divorce, alimony[,] and child support, an appellate court will not [reverse] unless [the chancellor’s] findings were manifestly wrong. For questions of law, our standard. of review is de novo.

Arrington v. Arrington, 80 So.3d 160, 164 (¶ 11) (Miss.Ct.App.2012) (internal citations and quotation marks omitted).

I. Exclusion of Evidence

¶ 6. Rodney argues that the chancellor erred in finding that certain letters constituted inadmissible hearsay. He contends that the letters were admissible under Rule 803(4) of the Mississippi Rules of Evidence. As might be expected, Courtney argues that the letters were properly excluded.

¶7. During trial, Rodney attempted to submit two letters into evidence: one allegedly from a psychiatrist -who had treated him during and following his outpatient treatment and one purportedly from a therapist who also had treated Rodney. Neither the psychiatrist nor the therapist was present during trial, and as noted, the chancellor found that the letters were in-admissable hearsay.

¶8. “This Court reviews a trial judge’s decision to admit or deny evidence under an abuse-of-discretion standard.” Wright v. Royal Carpet Servs., 29 So.3d 109, 113 (¶ 9) (Miss.Ct.App.2010) (citation omitted). Rule 803(4) provides: “Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.” The Mississippi [1247] Supreme Court' has outlined a two-part test for admitting hearsay statements under Rule 803(4): “First, the declarant’s motive in making the statement must be consistent with the purposes of promoting treatment; and second, the content of the statement must be such as is reasonably relied on in treatment.” Wilson v. State, 96 So.3d 721, 727 (¶ 16) (Miss.2012) (citation omitted).

¶ 9. The first letter stated, in relevant part:

To Whom It May Concerní:]
Rodney Williams initially came under my psychiatric care while admitted tb Parkwood Behavioral Health from April 8, 2013C,] to April 17,2013.
Since then, I have followed him on an outpatient basis. He has been in my office on May 11, 2013, August 17, 2013, November 9, 2013[,] and January 11, 2014. '
Over the course of his treatment^ he] has not been prescribed any medications nor has he evidenced any psychotic symptoms.
Mr. Williams’[s] current diagnosis is Depressive Disorder — Not Otherwise Specified.

¶ 10. The second letter stated, in relevant part: . .

To Whom It May Concern:
Rodney Williams has been seeing me in individual therapy every two weeks since he saw me for his initial assessment on April 29, 2013. He .hap been compliant with my suggestions, and in attending the therapy sessions. He has been, attending Alcoholics Anonymous (AA) and Al Anon meetings weekly. He .relates having started the.steps with his ■sponsor.
In the eight months that I have seen Mr. Williams[,] I have not witnessed any behaviors that would evidence psychosis.

¶ 11. It is obvious that the letters were prepared for this litigation and are not statements made for the purpose of medical diagnosis or treatment, such that they would be excepted from the hearsay rule. This issue is without merit.

II. Divorce

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Rodney Maurice Williams v. Courtney Darlene Williams, 179 So. 3d 1242, 2015 Miss. App. LEXIS 592, 2015 WL 7253340 (Mich. Ct. App. 2015).

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