Stribling v. Stribling

906 So. 2d 863, 2005 WL 43776
CourtCourt of Appeals of Mississippi
DecidedJanuary 11, 2005
Docket2003-CA-00731-COA
StatusPublished
Cited by12 cases

This text of 906 So. 2d 863 (Stribling v. Stribling) 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
Stribling v. Stribling, 906 So. 2d 863, 2005 WL 43776 (Mich. Ct. App. 2005).

Opinion

906 So.2d 863 (2005)

Linda STRIBLING, Appellant,
v.
Carl William STRIBLING, Appellee.

No. 2003-CA-00731-COA.

Court of Appeals of Mississippi.

January 11, 2005.
Rehearing Denied April 5, 2005.
Certiorari Denied June 30, 2005.

*865 Sharon Patterson Thibodeaux, Jackson, attorney for appellant.

Mark A. Chinn, Jackson, attorney for appellee.

Before KING, C.J., CHANDLER and ISHEE, JJ.

*866 KING, C.J., for the Court.

¶ 1. Linda Stribling filed a complaint for divorce against Carl Stribling, alleging constructive desertion, or alternatively, irreconcilable differences, in the Madison County Chancery Court. Carl Stribling filed an answer and a countercomplaint for divorce based upon the ground of uncondoned adultery. Mr. Stribling's countercomplaint for divorce was granted. The chancellor granted Mr. Stribling periodic alimony, a portion of the marital assets, and attorney's fees. Aggrieved, Mrs. Stribling has appealed and raised the following issues which we quote verbatim:

I. Did the lower [c]ourt commit manifest error in denying [a]ppellant a divorce on the ground of uncondoned adultery?
II. Did the lower [c]ourt commit manifest error in failing to award custody of the minor child to either party and in failing to make a provision for the support and maintenance of the minor child?
III. Did the lower [c]ourt commit manifest error in its application of the Ferguson factors and in failing to state which Ferguson factor the evidence supported?
IV. Did the lower [c]ourt commit manifest error in its classification and valuing the assets of the [a]ppellant and in failing to take into consideration or make any findings as to the debt associated with the assets?
V. Did the lower [c]ourt commit manifest error in awarding [a]ppellee $221,229.37 lump sum as his share of the liquidated proceeds of marital assets?
VI. Did the lower [c]ourt commit manifest error in awarding [a]ppellee $5,000.00 per month in periodic alimony?
VII. Did the lower [c]ourt commit manifest error in awarding [a]ppellee $24,901.90 in attorneys fees?
VIII. Did the lower [c]ourt commit manifest error by vacating its previous order of contempt against Carl William Stribling?
IX. Was the lower [c]ourt arbitrary and capricious in its findings and conclusions?

FACTS

¶ 2. Carl and Linda Stribling were married on August 29, 1979, in Alabama. As a result of the marriage, two children were born-Kelly Lee Stribling, a son, born March 25, 1980, who was emancipated when this matter was decided, and Tina Anita Josie Stribling, a daughter, born April 17, 1982. Tina was less than four months away from her twenty-first birthday and living with Mrs. Stribling when this case was decided by the chancery court.

¶ 3. According to Mrs. Stribling, the parties lived together until about February 1996. Mr. Stribling then moved to the Marriott Hotel, where he resided until about April 1997, when Mrs. Stribling allowed him to move back into the marital residence to recover from back surgery.

¶ 4. On June 19, 1998, Mrs. Stribling filed a complaint for divorce alleging constructive desertion, or alternatively, irreconcilable differences. On June 28, 1998, Mrs. Stribling filed an amended complaint for divorce adding the grounds of habitual cruel and inhuman treatment and uncondoned adultery. On April 18, 2000, Mr. Stribling filed his answer to the complaint.

¶ 5. On September 4, 2001, Mr. Stribling filed another answer along with a counterclaim for divorce alleging uncondoned adultery.

¶ 6. Numerous motions were filed by the parties. At an August 8, 2001 hearing, the chancellor disposed of several of these motions. The testimony from that hearing *867 was incorporated into the record at the trial on June 5 and 6, 2002. At trial, Mrs. Stribling testified that her husband admitted in front of the congregation at Cobblestone Church of God, that he had committed adultery while married to her. She stated that she spiritually forgave Mr. Stribling's adultery. Mr. Stribling denied having committed adultery, and stated that he only made that claim to protect Mrs. Stribling because it was widely known that she had done so.

¶ 7. Mrs. Stribling admitted extramarital affairs, but claimed that her husband condoned the adulterous acts. Mr. Stribling denied condonation of these adulterous acts, and noted that he was not aware of some of these acts until the day of the deposition.

¶ 8. Mrs. Stribling ceased work at Hazlehurst Public Schools, in December 1979 to have children. In 1986, Mrs. Stribling obtained a real estate broker's license and began a real estate business in 1988.

¶ 9. When the parties married, Mr. Stribling was the owner of Stribling Brothers Enterprises, a company that sold modular buildings to school districts and other agencies. Mr. Stribling remained the owner of the business until about 1990, when he transferred title to Mrs. Stribling. The decision to transfer ownership of the business was based upon Mr. Stribling's federal criminal conviction and resulting four month jail sentence. Mrs. Stribling received her contractor's license in May 1990. She began running the business selling modular structures with the help of Sonny Edwards, an employee of Stribling Brothers Enterprises. Between 1990 and 1996, the business underwent two name changes. The business' name was changed to Linda Stribling, and later to Elite Modular Structures.

¶ 10. In an effort to address the business for purposes of equitable distribution, the chancellor appointed Raleigh Cutrer, an accountant, to do a valuation of the business interests. Mr. Cutrer indicated that the business records were incomplete and prevented a full valuation.

¶ 11. The chancellor executed a final judgment on December 27, 2002. The chancellor (1) granted Mr. Stribling a divorce upon the ground of uncondoned adultery, (2) awarded Mrs. Stribling the house and the lot located in Sebastopol, Mississippi, valued at $43,000, one acre of land, a lot given to her by her father and the household furnishings and personal items in her possession, (3) awarded Mr. Stribling twelve acres of land located in Sebastopol, valued at $25,000, an acre of land located in Edwards, Mississippi, and a lump sum in the amount of $221,229.37 as his share of previously liquidated marital assets, (4) granted to Mr. Stribling alimony in the amount of $5,000 per month, and (5) awarded Mr. Stribling $24,901.90 in attorney's fees.

¶ 12. On January 10, 2003, Mrs. Stribling filed a motion for a new trial, or in the alternative, to alter or amend final judgment, which was denied by Chancellor Shaw-Pierson's successor, Chancellor Goree, on March 5, 2003. Mrs. Stribling filed her notice of appeal on April 4, 2003.

STANDARD OF REVIEW

¶ 13. This Court employs a limited standard of review when reviewing a chancellor's decision. Shirley v. Christian Episcopal Methodist Church, 748 So.2d 672(¶ 9) (Miss.1999). The standard of review employed in domestic relations cases is limited to the substantial evidence/manifest error rule. Jundoosing v. Jundoosing, 826 So.2d 85(¶ 10) (Miss.2002). This Court will only reverse a chancery court's findings of fact when there is no substantial credible evidence to support its findings. *868 Id.

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Cite This Page — Counsel Stack

Bluebook (online)
906 So. 2d 863, 2005 WL 43776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stribling-v-stribling-missctapp-2005.