Sanford v. Sanford

124 So. 3d 664, 2012 WL 1592143, 2012 Miss. App. LEXIS 243
CourtCourt of Appeals of Mississippi
DecidedMay 8, 2012
DocketNo. 2010-CA-00873-COA
StatusPublished
Cited by1 cases

This text of 124 So. 3d 664 (Sanford v. Sanford) 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
Sanford v. Sanford, 124 So. 3d 664, 2012 WL 1592143, 2012 Miss. App. LEXIS 243 (Mich. Ct. App. 2012).

Opinions

RUSSELL, J.,

for the Court:

¶ 1. Samantha Sanford appeals the Lamar County Chancery Court’s final judgment of divorce. She argues that the chancery court erred in entering the parties’ divorce without a signed property settlement agreement. Upon review, we agree. Therefore, we reverse the judgment of divorce and remand for proceedings consistent with this opinion.

[666]*666FACTS AND PROCEDURAL HISTORY

¶ 2. On January 28, 2008, Samantha filed a complaint for divorce and temporary relief against Leslie Sanford alleging fault grounds for divorce, including habitual cruel and inhuman treatment, habitual and excessive use of drugs, habitual drunkenness; in the alternative, Samantha alleged irreconcilable differences. She also sought custody of the parties’ minor child. On June 19, 2008, a temporary order was entered that, among other things, granted Samantha temporary physical custody of the minor child, temporary child support, and temporary alimony. Leslie was granted temporary visitation. Subsequently, the trial court entered an order setting the trial for September 10, 2009.

¶ 3. On September 10, 2009, Samantha and Leslie executed a joint motion to withdraw fault grounds, which was filed on September 11, 2009. Also on September 10, 2009, the chancellor signed an order dismissing fault grounds, which was filed the next day. That order stated “it is therefore, ordered and adjudged that the fault grounds for divorce be, and the same are hereby dismissed as to both parties[,] and this matter may proceed with a divorce on the grounds of irreconcilable differences.” Additionally, on September 10, 2009, a consent to divorce was signed by Samantha, Leslie, and counsel for each, and it was filed on September 11, 2009. The consent to divorce contained handwritten revisions. The text lined through below was actually struck through with a pen. The text italicized below was actually handwritten in the document. None of the changes were initialed by the parties. It is unknown who made the revisions, when the revisions were made, and whether the revisions were agreed to by the parties before signing. The' consent to divorce reads as follows:

The undersigned, Samantha ... and Leslie ..., enter this [ejonsent pursuant to the provisions of § 93-5-2 ... and voluntary consent to a divorce each from the other on the grounds of irreconcilable differences.
The parties do hereby voluntarily consent to permit the [c]ourt to decide the remaining issues upon which they cannot agree, and all other issues raised in the pleadings. The parties further agree that they may not withdraw their consent without leave of the [c]ourt and just cause shown. The designated issues are as-follows¿ settled.
Child-e-ustody-and-visitation;
Child support and medical;
Equitable division of-marital assets-and debts^
Identity-and division-of personal proper-⅛⅞
Almoayy if any;-and
Attorney fees and-costa, if any.
All issues are settled and will be dictated into the record.
The, undersigned parties agree and understand that the decision of the [c]ourt shall be a binding and lawful judgment.

¶ 4. Also on September 10, 2009, the parties read into the record an oral agreement concerning, among other things, child custody, visitation, and partial property division. At the time of the oral agreement, the parties had not resolved issues pertaining to the division of personal property.

¶ 5. On October 12, 2009, Samantha filed a handwritten motion to withdraw her consent to divorce, which stated: “I, Samantha Louise Sanford, hereby withdraw my consent to the divorce agreement that was discussed September 10, 2009. I wish to have my case tried before Judge Dale or any other available judge. If you have any questions, please contact me.”

[667]*667¶ 6. On October 16, 2009, Leslie filed a motion for citation for contempt and to enforce settlement:

Comes now, Leslie Dewitt Sanford, by and through counsel, files this his [m]otion [f]or [c]itation [f]or [c]ontempt [a]nd [t]o [e]nforce the stipulated property settlement agreement and portions thereto and for cause would show unto the [c]ourt as follows:
1. On the 10th day of September, 2009, this matter was set for trial[,] and the parties dictated into the record a property settlement agreement of all matters[; ...] the same was accepted by the [c]ourt as the property settlement agreement in the termination of this litigation and all rights of the parties.
2. Pursuant to the stipulation in the record, Leslie’s attorney prepared the [c]hild [c]ustody, [s]upport[,] [a]nd [property [settlement [a]greement and sent the same to attorney for Samantha Sanford on the 18th day of September, 2009.
3. Further, in accordance with the stipulation, Samantha Sanford was suppose[d] to report back to her attorney on that same day, September 10, after inventorying the house and notifying counsel of the items in which Samantha Sanford determined that she wanted.
4. On the 23rd day of September, 2009, thirteen (13) days after the trial, a handwritten copy of household goods were reeeived[,] which listed the entire contents of the house.
5. Subsequent thereto, Leslie has reviewed Samantha Sanford’s list and objects to the list and that it is outside the agreement[,] and Samantha Sanford is in violation of the [c]ourt [ojrder and therefore has waived any rights to the household goods.
6. Further, as this [cjourt will remember, Samantha Sanford chose to leave the State and took the minor child of the parties and herself to Las Vegas, Nevada, to live with her sister where she has stayed. Further, at no time prior to the hearing date, has Samantha Sanford offered, requested, or discussed any of the household goods located in the home prior to the [stipulation date and the [stipulation.
7. This [cjourt should find that Samantha Sanford has violated the stipulation agreement, has caused additional attorney[’]s fees to Leslief,] ... [that] the same should be offset based on the property settlement agreement by reducing the amount paid to Samantha Sanford pursuant to the property settlement agreement^] and that she has waived all rights to all the personal property on the attached list located at the home.
8. Alternatively, Leslie has highlighted, in yellow, the items which he will agree that Samantha. Sanford can remove from the home. Said list .is attached as Exhibit “A.”
9. Further, on September 10, 2009, in open court and under oath, pursuant to the [stipulation as entered, Samantha Sanford did file an irrevocable consent to divorce[,] and that [c]onsent was ratified by [c]ourt [o]rder on September 10, 2009. On October 12, 2009, Leslie received, by fax[,] a handwritten, document, purported to be from Samantha Sanford[,] attempting to withdraw her [cjonsent and demanding a trial thereon. Leslie would show unto the [c]ourt that Samantha Sanford .has given up any right to withdraw her [cjonsent and this [c]ourt should enforce the stipulated settlement as set out.

¶ 7.

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Related

Sanford v. Sanford
124 So. 3d 647 (Mississippi Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
124 So. 3d 664, 2012 WL 1592143, 2012 Miss. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-sanford-missctapp-2012.