Tynes v. Tynes

860 So. 2d 325, 2003 WL 22707427
CourtCourt of Appeals of Mississippi
DecidedNovember 18, 2003
Docket2002-CA-01091-COA
StatusPublished
Cited by13 cases

This text of 860 So. 2d 325 (Tynes v. Tynes) 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
Tynes v. Tynes, 860 So. 2d 325, 2003 WL 22707427 (Mich. Ct. App. 2003).

Opinion

860 So.2d 325 (2003)

Sue Carol TYNES, Appellant,
v.
Ronald Price TYNES, Appellee.

No. 2002-CA-01091-COA.

Court of Appeals of Mississippi.

November 18, 2003.

*326 Glenn Louis White, Petal, attorney for appellant.

David Alan Pumford, attorney for appellee.

*327 Before KING, P.J., BRIDGES, and LEE, JJ.

BRIDGES, J., for the Court.

¶ 1. Sue and Ronald Tynes were married on November 2, 1975. Sue Tynes filed for a divorce on October 9, 2000. The parties consented to a divorce on the grounds of irreconcilable differences on January 30, 2002. On that same day, a hearing was conducted by the chancellor regarding issues of equitable distribution, alimony, and support. On May 13, 2002, the chancellor rendered an opinion to which Sue Tynes filed a motion to reconsider or for a new trial. This motion was denied and she now appeals to this Court.

STATEMENT OF THE ISSUES

I. WHETHER THE CHANCERY COURT ERRED IN FAILING TO AWARD ALIMONY TO SUE TYNES.
II. WHETHER THE CHANCERY COURT ERRED IN FAILING TO CONSIDER RONALD'S RETIREMENT AS MARITAL PROPERTY.
III. WHETHER THE CHANCERY COURT ERRED IN CONSIDERING RONALD'S PERSONAL INJURY SETTLEMENT AS NON-MARITAL PROPERTY.
IV. WHETHER THE CHANCERY COURT ERRED IN FAILING TO AWARD ATTORNEYS FEES TO SUE TYNES.

FACTS

¶ 2. Sue Carol Tynes (Sue) and Ronald Price Tynes (Ron) were married on November 2, 1975. Of their marriage, there are two children, Ronnie and Leslie. Starting in 1976, Ron began working as a trainman with Norfolk Southern Company. In 1997, Ron was severely injured on the job and lost his entire left leg as well as three fingers and became permanently disabled as a result of the accident. The next year, Ron entered into a settlement agreement with The Alabama Great Southern Railroad Company.

¶ 3. The couple separated in August 2000, and in October 2000, Sue filed for divorce, alleging fault grounds and irreconcilable differences. In January 2001, the parties filed a joint motion to dismiss the fault grounds and withdraw the pleading together with a consent to divorce on the ground of irreconcilable differences. The court entered an order dismissing the fault grounds, leaving the issues of equitable distribution, alimony, and support before the court.

¶ 4. A hearing was held on January 30, 2002, in regards to the division of property, alimony and support. The chancellor rendered his opinion on May 13, 2002. Sue then filed her motion to reconsider or for a new trial which was later denied by the court on June 5, 2002.

STANDARD OF REVIEW

¶ 5. The standard of review employed by this Court in domestic relations cases is limited by the substantial evidence/manifest error rule.

This Court may reverse a chancellor's findings of fact only when there is no substantial credible evidence in the record to justify his findings. Our scope of review in domestic relations matters is limited under the familiar rule that this Court will not disturb a chancellor's findings unless manifestly wrong, clearly erroneous, or if the chancellor applied an erroneous legal standard.

Jundoosing v. Jundoosing, 826 So.2d 85, 88(¶ 10) (Miss.2002) (citations omitted).

ANALYSIS

I. WHETHER THE CHANCERY COURT ERRED IN FAILING TO AWARD ALIMONY TO SUE TYNES.

¶ 6. In the area of domestic relations, the division of marital assets is governed *328 under the law as stated in Hemsley and Ferguson.[1]

First, the character of the parties' assets, marital or nonmarital, must be determined pursuant to Hemsley. The marital property is then equitably divided, employing the Ferguson factors as guidelines, in light of each parties' nonmarital property. If there are sufficient marital assets which, when equitably divided and considered with each spouse's nonmarital assets, will adequately provide for both parties, no more need be done.

Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1995) (citations omitted).

¶ 7. Whether to award alimony is governed under the law as stated in Armstrong. The Mississippi Supreme Court stated that "alimony awards are within the discretion of the chancellor and his discretion will not be reversed on appeal unless the chancellor was manifestly in error in his finding of fact and abused his discretion. In the case of a claimed inadequacy or outright denial of alimony, we will interfere only where the decision is seen as so oppressive, unjust or grossly inadequate as to evidence an abuse of discretion." Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss.1993) (citations omitted). The factors to be considered by the chancellor in arriving at findings and entering judgment for alimony are as follows:

(1) The income and expenses of the parties;
(2) The health and earning capacity of the parties;
(3) The needs of each party;
(4) The obligations and assets of each party;
(5) The length of the marriage;
(6) The presence or absence of minor children in the home, which may require that one or both of the parties either pay, or personally provide, child care;
(7) The age of the parties;
(8) The standard of living of the parties, both during the marriage and at the time of the support determination;
(9) The tax consequences of the spousal support order;
(10) Fault or misconduct;
(11) Wasteful dissipation of assets by either party; or
(12) Any other factor deemed by the court to be "just and equitable" in connection with the setting of spousal support.

Armstrong, 618 So.2d at 1280, citing Hammonds v. Hammonds, 597 So.2d 653, 655 (Miss.1992).

¶ 8. In his findings of facts and conclusions of law, the chancellor conducted a thorough analysis of all of the relevant Armstrong factors in this case. Upon reviewing the detailed analysis taken by the court of the position and needs of the parties, we find that the chancellor in no way abused his discretion in finding that Sue was not entitled to an award for alimony. Therefore, we find this issue is without merit.

II. WHETHER THE CHANCERY COURT ERRED IN FAILING TO CONSIDER RONALD'S RETIREMENT AS MARITAL PROPERTY.

¶ 9. When reviewing questions of equitable distribution, this Court looks to the chancellor's application of the Ferguson factors. Ferguson, 639 So.2d at 928; see also Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1995); Hemsley v. Hemsley, *329 639 So.2d 909, 914-15 (Miss.1994). In Ferguson, the Mississippi Supreme Court held, that when "attempting to effect an equitable distribution of marital property," chancery courts should consider the following guidelines:

(1) Substantial contribution to the accumulation of property
a) direct or indirect economic contribution
b) contribution to stability and harmony of the marital relationship measured by quality, quantity of time spent on family duties and duration of marriage
c) contribution to the education, training or other accomplishment bearing on the earning power of spouse accumulating assets

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Bluebook (online)
860 So. 2d 325, 2003 WL 22707427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tynes-v-tynes-missctapp-2003.