Turpin v. Turpin

699 So. 2d 560, 1997 WL 539353
CourtMississippi Supreme Court
DecidedSeptember 4, 1997
Docket93-CA-01372-SCT
StatusPublished
Cited by57 cases

This text of 699 So. 2d 560 (Turpin v. Turpin) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turpin v. Turpin, 699 So. 2d 560, 1997 WL 539353 (Mich. 1997).

Opinion

699 So.2d 560 (1997)

Thomas Lane TURPIN, Sr.
v.
Jimmie (Irwin) Langley TURPIN.

No. 93-CA-01372-SCT.

Supreme Court of Mississippi.

September 4, 1997.

*561 Susan M. Brewer, Hernando, for Appellant.

Robert P. Chamberlin, Tollison Austin & Twiford, Hernando; Debra Pace Branan, Tollison Austin & Twiford, Southaven, for Appellee, for Appellee.

En Banc.

JAMES L. ROBERTS, Jr., Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. After eleven years of marriage, on November 19, 1994, Jimmie Irwin Langley Turpin was granted a divorce from Thomas Lane Turpin on the grounds of habitual, cruel and inhuman treatment.[1] The DeSoto County Chancery Court awarded the parties' marital home and indebtedness to Jimmie, and awarded to Thomas his dentistry office and indebtedness. Further, Thomas was ordered to pay Jimmie $55,000 and pay half of their joint credit card indebtedness after deducting Jimmie's individual debt of $7,500. However, Thomas retained the rights to his $160,000 retirement account and $60,000 Franklin stock account. Given the parties contributions to the marriage, the chancellor's decision in awarding the divorce, and the parties respective estates, it does not appear that the chancellor committed manifest error in his property division.

¶ 2. Aggrieved by the chancellor's division of property, Thomas perfected his appeal requesting review of the following two issues.

I. WHETHER THE TRIAL COURT ERRED IN ORDERING DR. TURPIN TO PAY MRS. TURPIN FIFTY-FIVE THOUSAND DOLLARS AS PROPERTY SETTLEMENT?
II. WHETHER THE TRIAL COURT ERRED IN REQUIRING DR. TURPIN TO PAY APPROXIMATELY FOUR THOUSAND SEVEN HUNDRED FIFTY DOLLARS TOWARD THE JOINT VISA ACCOUNT?

STATEMENT OF THE FACTS

¶ 3. Thomas and Jimmie were married on November 17, 1981. Although married for approximately for eleven and one half years prior to their final separation, the parties had twice separated, and had lived apart for an aggregate of three and one half years. On February 16, 1993, Thomas filed for divorce and charged that he had been subjected to cruel and inhuman treatment by Jimmie.

*562 ¶ 4. Jimmie counter claimed against Thomas seeking the same. Jimmie subsequently amended her countercomplaint to request alimony and an equitable interest in Thomas' dental clinic. Thomas thereafter amended his complaint for divorce to request that all real property be sold, and the equity divided according to the parties' respective interest. Finally, Jimmie filed a second amended counter complaint requesting the court to divest title to their real property owned by the parties, as well as an equitable division of Thomas' retirement funds.

¶ 5. Trial was held on November 10, 1993, in the Chancery Court of Desoto County, Mississippi before the Honorable Chancellor Melvin McClure. At the time of trial, Thomas was 65 years old and Jimmie 60. Jimmie testified that she was sought a divorce from Thomas because of his severe drinking problem which caused him to be physically and verbally violent. Also, Jimmie sought an equitable division of Thomas' deferred compensation retirement plan and his Franklin Fund Account with values of $160,000.00 and $60,000.00 respectively. Most of the testimony, and the issues now on appeal, concerned money. The record is replete with how money changed hands and who bought and got what during the marriage with which funds.

¶ 6. The following is a breakdown of the flow of finances between the parties during their eleven-year marriage involving a three and a half year time of separation in the interim.

¶ 7. Jimmie testified to the following:

Jimmie asserted that she paid $23,000 of her own money to buy Thomas' prior wife's interest in Thomas' wife's and his previous marital home at 8188 Danforth Lane in Germantown.
Thomas and Jimmie sold Danforth and netted $61,000.
The $61,000 was spent as follows: (1) $21,000 was used as a down payment on the Stonehedge property; (2) $17,000 was used as a down payment on a dental clinic in Horn Lake for Thomas; (3) $23,000 was put in a Tunica Bank by Thomas which whereabouts are unknown.
Jimmie uses part of $23,000 to buy drapes for home before Thomas took her off of his office account.
Jimmie and Thomas sell the Stonehedge property and each got a $12,500 check and Thomas gave Jimmie his share which she put in Boatman's Bank.
Jimmie and Thomas buy Wedgewood property for $119,000 because of her real estate connections, but valued at $137,000, $89,000 owed on mortgage after Thomas put $24,000 down as down payment from his retirement account.
Jimmie came to marriage with $50,000 of own money and now $25,000 of that is from the Stonehedge sale.
Jimmie accidently got $5,200 of Thomas' retirement fund which she used to pay house notes.
Thomas sells his Tunica office and gets $30,000.
Jimmie and Thomas dispute over the value of the house furnishings, she says they're worth $13,500 and he says they're worth $60,000.
Jimmie denies having stolen $2,400 from Thomas' office.
Jimmie claims to have worked for nine months for Thomas without pay.
Jimmie used their joint credit card to pay Stonehedge house notes for nine months.
Jimmie pays the taxes and insurance on the home during a separation period, $498.
Jimmie pays an unknown amount to one of her attorney with Thomas' clinic funds and paid another attorney $7,500 for a prior divorce.
Jimmie owes $1,500 on her personal Visa Credit Card.
Jimmie brought $2,000 of crystal into marriage and sold personal furniture for $2,000.
Jimmie drafted the contract and handled the sale of Thomas' Tunica clinic for $30,000 but yet did not get a commission.
Jimmie paid the mortgage of $1,500 per month for 7 mo.; $2,400 for extra light fixtures, and $7,000 for curtains. Thomas paid the $950 mo. note on clinic property.
*563 Jimmie gave up profitable real estate business to move to Mississippi.
Jimmie has $3,000 in personal IRA.

¶ 8. Thomas testified to the following finances:

Thomas claimed Jimmie stole his $6,000 cash casino winnings from their home.
Thomas claims he paid Jimmie $1,000 per month for six months for working in his office, allowed Jimmie to have free rein of his checkbook to buy home furnishings and such, paid for her face lift, and had her teeth capped.
Thomas has a retirement account valued at approximately $160,000 and receives $2,600 per month he now draws his retirement from it; he gets $197.50 per month from social security.
Thomas and Jimmie each paid half of the $23,000 used to buy his ex-wife's remaining interest in the house.
Thomas received $30,000 from the sale of his Tunica office.
Thomas has $60,000 in a separate Franklin account and has $3,000 in savings in the New South Bank.

¶ 9. Also, Thomas testified that before taxes, he withdraws $2,600 per month from his retirement plan.

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Bluebook (online)
699 So. 2d 560, 1997 WL 539353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turpin-v-turpin-miss-1997.