Stribling v. Stribling

960 So. 2d 556, 2007 WL 3596
CourtCourt of Appeals of Mississippi
DecidedJanuary 2, 2007
Docket2005-CA-00467-COA
StatusPublished
Cited by5 cases

This text of 960 So. 2d 556 (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, 960 So. 2d 556, 2007 WL 3596 (Mich. Ct. App. 2007).

Opinion

960 So.2d 556 (2007)

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

No. 2005-CA-00467-COA.

Court of Appeals of Mississippi.

January 2, 2007.
Rehearing Denied July 17, 2007.

*558 John W. Christopher, attorney for appellant.

Mark A. Chinn, Dar Kenya W. Waller, Jackson, W. Matthew Thompson, attorneys for appellee.

Before MYERS, P.J., SOUTHWICK, and GRIFFIS, JJ.

MYERS, P.J., for the Court.

¶ 1. Linda Stribling appeals the judgment of the Madison County Chancery Court finding her in contempt of a divorce decree and ordering her incarcerated until she purged herself of the contempt by compliance. Mrs. Stribling defended against the contempt order by claiming inability to perform according to the dictates of the order and inability to obey the order due to vagueness; however, both of her defenses were rejected by the chancellor. Finding no reversible error, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶ 2. This Court has reviewed this divorce case once before. Stribling v. Stribling, 906 So.2d 863 (Miss.Ct.App.2005), reh'g denied, 2003-CA-00731-COA (Miss.Ct.App. Apr. 5, 2005), cert. denied, 904 So.2d 184 (Miss.2005). There, we affirmed the chancellor's grant of periodic alimony, division of marital assets, and award of attorney's fees to Carl William "Bill" Stribling. Since the divorce and the final decision entered by this Court, Mrs. Stribling has not paid, save a small amount, towards the judgment entered against her.

¶ 3. While awaiting the result of the former appeal in this Court, Mr. Stribling filed a motion seeking to have Mrs. Stribling cited for contempt. Mrs. Stribling then filed motions for modification of the decree and to stay the execution of the judgment pending this Court's decision, as well as responded to Mr. Stribling's contempt motion. The chancery court then held hearings on Mrs. Stribling's motion for modification and motion to stay, and Mr. Stribling's motion for contempt in March and August of 2004.[1] Mrs. Stribling's motion to stay was denied and the court entered its original order granting Mr. Stribling's motion for contempt on November 8, 2004. Mrs. Stribling then filed her motion for reconsideration. On February 9, 2005, the chancellor issued an amended order granting, in part, Mrs. Stribling's motion to reconsider and amending the original order due to calculation errors. This amended order, however, denied Mrs. Stribling's other claims of error, continuing to find Mrs. Stribling in contempt. The amended order of the chancellor, as it now stands, holds Mrs. Stribling in contempt with a judgment of incarceration until she purges herself of the contempt. Mrs. Stribling now appeals this order of contempt, seeking review of the following issues:

I. THE CHANCELLOR COMMITTED MANIFEST ERROR IN FINDING THAT MRS. STRIBLING HAD THE PRESENT ABILITY TO PURGE HERSELF *559 OF CONTEMPT AND ORDERING HER INCARCERATED.
II. THE ORDER OF CONTEMPT INCARCERATING MRS. STRIBLING IS AMBIGUOUS AS TO THE AMOUNT MRS. STRIBLING MUST PAY TO BE RELEASED FROM INCARCERATION AND IS THEREFORE VOID.

DISCUSSION

¶ 4. "A prima facie case of contempt has been established when the party entitled to receive support introduces evidence that the party required to pay the support has failed to do so." McIntosh v. Dep't of Human Servs., 886 So.2d 721, 724(¶ 11) (Miss.2004). Here, neither party contests the fact that Mrs. Stribling has failed to comply with the terms of the divorce decree and, therefore, a case of contempt has been established.

¶ 5. Once a party is held in contempt, that party may defend upon several grounds. Dunaway v. Busbin, 498 So.2d 1218, 1222 (Miss.1986). Mrs. Stribling defended herself by asserting an inability to pay and by arguing that the contempt order is vague so that she cannot perform due to the ambiguity. It is well established that one may avoid contempt by showing that their violation of an order is not willful or contumacious, but rather a product of their honest inability to comply with the order. Id. Another valid defense to contempt exists where a party establishes that their inability to conform to a judgment is due to the order's vagueness or because of insufficient detail. Id.

STANDARD OF REVIEW

¶ 6. Both of Mrs. Stribling's issues on appeal concern the chancellor's rejection of her defenses to the contempt citation and are controlled by the same standard of review. This Court is required to give substantial deference to the chancellor's finding of fact, particularly in the areas of divorce and child support, overturning the determination only if it is manifestly wrong. Fancher v. Pell, 831 So.2d 1137, 1140(¶ 15) (Miss.2002). "In the absence of manifest abuse of discretion, coupled with the presence of substantial credible evidence, we should not disturb the learned chancellor's decision substituting our judgment for that of the chancellor." Mabus v. Mabus, 910 So.2d 486, 488(¶ 6) (Miss.2005). "We must consider the entire record before us and accept all those facts and reasonable inferences therefrom which support the chancellor's findings." Madden v. Rhodes, 626 So.2d 608, 616 (Miss. 1993).

I. PRESENT ABILITY TO PURGE CONTEMPT AND ORDER OF INCARCERATION

¶ 7. This Court is to decide whether the chancellor committed manifest error or abused her discretion in finding that Mrs. Stribling was, at the time of the contempt hearing, able to pay the judgment and alimony to Mr. Stribling. In our review, this Court defers to the chancellor's ability to view the witnesses, to determine their credibility and to review the exhibits before the chancery court. Wesson v. Wesson, 818 So.2d 1272, 1279(¶ 20) (Miss.Ct. App.2002).

¶ 8. At the hearings, Mrs. Stribling sought to excuse her failure to comply with the divorce decree by presenting testimony and exhibits reflecting various bank account information, her company's financial records, foreclosure notices, outstanding bills and promissory notes. Notwithstanding Mrs. Stribling's defense presentation, the chancellor issued an order on February 9, 2005, addressing both Mrs. Stribling's motion for reconsideration *560 and Mr. Stribling's motion for contempt. The chancellor found that the original November 8, 2004 order contained calculation errors. The order was re-issued and found that between February 1, 2003, and July 31, 2004, Mrs. Stribling's business accounts reflected total deposits of $971,051.81 and that the business expenses during that time were only $643,852.85, leaving Mrs. Stribling with the disposable income of $327,198.96. While some of Mrs. Stribling's arguments charging miscalculation prevailed, the chancellor noted that Mrs. Stribling's other assignments of error were not valid, stating:

As to other claims of error by [Mrs. Stribling], this Court finds that such errors are not valid since the Court discovered at least 19 times that [Mrs. Stribling] manufactured figures that did not exist, and had understated her income . . . which leads this Court to believe that any evidence presented by [Mrs. Stribling] is not credible.

After making this finding regarding Mrs. Stribling's motion to reconsider, the chancellor in the next paragraph of the order found Mrs. Stribling in contempt and ordered her incarcerated until she purged herself of the contempt. Mrs.

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Bluebook (online)
960 So. 2d 556, 2007 WL 3596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stribling-v-stribling-missctapp-2007.