Sootin v. Sootin

737 So. 2d 1022, 1998 WL 906416
CourtCourt of Appeals of Mississippi
DecidedDecember 30, 1998
Docket97-CA-00957 COA
StatusPublished
Cited by7 cases

This text of 737 So. 2d 1022 (Sootin v. Sootin) 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
Sootin v. Sootin, 737 So. 2d 1022, 1998 WL 906416 (Mich. Ct. App. 1998).

Opinion

737 So.2d 1022 (1998)

Leon SOOTIN, Appellant,
v.
Karen SOOTIN, Appellee.

No. 97-CA-00957 COA.

Court of Appeals of Mississippi.

December 30, 1998.
Rehearing Denied March 9, 1999.

Darnell L. Nicovich Walter W. Teel, Gulfport, Attorneys for Appellant.

Damon Scott Gibson, Herbert J. Stelly, Gulfport, Attorneys for Appellee.

Before THOMAS, P.J., and COLEMAN and HINKEBEIN, JJ.

*1023 HINKEBEIN, J., for the Court:

¶ 1. The Chancery Court of Harrison County granted Leon Sootin (Leon) a divorce from Karen Sootin (Karen) on the grounds of her adultery. The chancellor initially granted custody of the couple's two daughters to Leon and ordered Karen to pay $240 per month in child support. While denying Karen's request for lump sum alimony, the chancellor awarded her periodic alimony of $750 per month, thirty percent of Leon's 401K retirement plan, and $4500 in attorney fees. Pursuant to a motion to reconsider by Karen's attorney, the chancellor amended his earlier findings and opinion and granted Karen custody of the younger daughter and ordered Leon to pay $500 per month in child support. Aggrieved by the chancellor's decision, Leon raises the following assignments of error:

I. THE CHANCERY COURT ERRED IN AMENDING ITS FINDINGS, CONCLUSIONS, AND OPINION WITHOUT EXPLANATION, AND IN ENTERING ITS JUDGMENT WITHOUT HEARINGS ON PENDING MOTIONS TO REOPEN TESTIMONY AND TO RECONSIDER.

II. THE CHANCERY COURT ERRED IN AWARDING PERIODIC ALIMONY TO KAREN SOOTIN.

III. THE CHANCERY COURT ERRED IN AWARDING CUSTODY OF ARYN SOOTIN TO KAREN SOOTIN.

IV. THE CHANCERY COURT ERRED IN REFUSING TO ALLOW THE TESTIMONY OF DR. VIRGINIA DEROMA.

V. THE CHANCERY COURT ERRED IN NEGLECTING TO ADDRESS THE PAYMENT OF DEBTS, OR THE DISTRIBUTION OF ASSETS IN ITS RULING, AND IN AWARDING KAREN SOOTIN THIRTY PERCENT OF LEON SOOTIN'S 401K.

VI. THE CHANCERY COURT ERRED IN AWARDING KAREN SOOTIN ATTORNEY'S FEES IN THE SUM OF $4,500.

¶ 2. Finding merit to Leon's third assignment of error regarding custody, we reverse and remand for findings consistent with this opinion.

FACTS

¶ 3. Leon and Karen were married on April 15, 1985. It was Leon's first marriage and Karen's third. The couple eventually bought a house in Long Beach, Mississippi where they lived together until their separation in January of 1996. Their oldest daughter, Hallie, was born December 20, 1985, and their youngest daughter, Aryn, was born May 20, 1987. As of the time of this appeal, Hallie is twelve years old, and Aryn is eleven years old. Leon was employed by Lanier Worldwide and was a district manager at the time of trial. Karen had her own wallpaper hanging business and also operated a wallpaper store owned by the couple.

¶ 4. The record reflects that this was a troubled marriage from its inception, with each party assigning the blame to different factors. Leon cited Karen's financial irresponsibility and her reckless spending. He testified that she would secretly withdraw money from the couple's bank and investment accounts and would routinely bounce checks and conceal credit card purchases. He recounted receiving calls at work from collection agencies and credit card companies complaining that bills had not been paid, even though he had given Karen the money to pay them. He claimed this pattern was not confined to their home life. He testified that Karen withdrew thousands of dollars from the accounts of the family wallpaper store and would not pay business creditors. Leon also contended that Karen's failure to maintain business records caused tax problems. Karen contended that Leon was a cold and distant husband, who demeaned her and failed to show her love and affection. She claimed that in their entire eleven year marriage they had sexual relations *1024 on only nine occasions. She also accused Leon of constantly yelling at his two daughters and taking no part in their lives. The record reveals that the couple had sought marriage counseling on a number of occasions.

¶ 5. The situation came to a head on Christmas of 1995 when the couple discussed divorce, and by agreement, Leon moved out of the family home on January 1, 1996. At some point during the separation, Karen began dating and engaging in sexual relations with Tim Glendenning, who lived across the street. Glendenning was married but his wife was confined to a mental institution in California. Karen testified at trial that she and Glendenning intend to get married. Glendenning also had a young daughter named Brittany. Karen's relationship with Glendenning was apparently a great source of anger to her oldest daughter. Hallie reportedly felt her mother was spending all her time with her boyfriend and his daughter. The relationship between mother and daughter deteriorated to the point where Karen reportedly told Leon she was sick of it, and Hallie was left to live at her father's apartment. The younger daughter, Aryn, continued to live with Karen. The record reveals that during the separation Karen blocked efforts by Leon to visit Aryn.

¶ 6. Karen filed for divorce on September 27, 1996 on the grounds of habitual cruel and inhuman treatment, or in the alternative, irreconcilable differences. In her complaint, Karen sought custody of both children. Leon's answer denied the essential allegations of the complaint, and in a counterclaim, sought a divorce from Karen on the grounds of habitual cruel and inhuman treatment, or in the alternative, irreconcilable differences, or in the alternative, adultery. Leon also sought custody of both children.

¶ 7. The case went to trial on March 13, 1997 in the Chancery Court of Harrison County. In her testimony, Karen painted a picture of Leon as a moody and frequently angry husband who denied her and the children affection. Friends of Karen who testified essentially supported Karen's characterization of Leon, but had little actual knowledge of Leon's interaction with his children. Her friends described Karen as a good mother. During cross-examination, Karen admitted to beginning a sexual relationship with Tim Glendenning during her separation from Leon. She denied she had ever been physically abusive to her nineteen-year-old daughter from a previous marriage. However, she later admitted that the police were once called to her home after she struck the nineteen-year-old daughter across the face while Hallie and Aryn were present. She also conceded that she would direct curse words at her husband in the presence of the two children. When questioned about Leon's alleged lack of affection, Karen admitted that he had taken her on vacation trips to France, Italy, Switzerland, and Bermuda and had purchased her expensive gifts. She also claimed that evidence showing Leon as an involved and affectionate father was contrived for the purpose of the divorce and intended to sway the children against her. She characterized her daughter Hallie as a difficult child whose extreme anger at her was the result of brainwashing by Leon. She defended her refusal to allow Leon to visit Aryn by stating her belief that the young girl was not well cared for when she stayed with her father. On cross-examination, Karen also indicated her intention to file bankruptcy as to the wallpaper store.

¶ 8. Leon testified as to his active involvement in his children's school and church activities. Specifically, he was the president of the parent-teacher association at his daughters' parochial school and had been involved in fund-raising efforts at the school for a number of years. He also took the children to church regularly.

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Cite This Page — Counsel Stack

Bluebook (online)
737 So. 2d 1022, 1998 WL 906416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sootin-v-sootin-missctapp-1998.