Weston v. Mounts

789 So. 2d 822, 2001 WL 714790
CourtCourt of Appeals of Mississippi
DecidedJune 26, 2001
Docket1999-CA-01766-COA
StatusPublished
Cited by13 cases

This text of 789 So. 2d 822 (Weston v. Mounts) 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
Weston v. Mounts, 789 So. 2d 822, 2001 WL 714790 (Mich. Ct. App. 2001).

Opinion

789 So.2d 822 (2001)

Dian WESTON, Appellant,
v.
Gary MOUNTS, Appellee.

No. 1999-CA-01766-COA.

Court of Appeals of Mississippi.

June 26, 2001.

*824 William Charles Bell, Ridgeland, Attorney for Appellant.

Minor F. Buchanan, Jackson, Attorney for Appellee.

Before KING, P.J., PAYNE, and MYERS, JJ.

KING, P.J., for the court:

¶ 1. On July 18, 1994, Dian Weston was granted a divorce from Gary Mounts on the ground of adultery. The Madison County Chancery Court awarded Weston periodic alimony, child support, attorney's fees, court costs and other expenses. Weston filed a petition for modification of the final judgment and to find Mounts in contempt for failure to abide by various court orders. In a final order entered on June 21, 1999, the chancellor denied her requests for attorney's fees, court costs and foreclosure costs. Aggrieved by the chancellor's ruling, Weston has appealed and raised three points of error, which she states as follows: (1) whether the chancellor erred as a matter of law in granting Gary Mounts and his estate an equity interest in Dian Weston's homestead property; (2) whether the chancellor should have found Gary Mounts in contempt of court; and (3) whether the chancellor should have ordered Gary Mounts to pay Dian Weston's attorney's fees, costs and foreclosure costs.

¶ 2. Mounts has also appealed, raising the following issues: (1) whether the lower court erred in not reducing the monthly alimony or mortgage obligations of Gary Mounts; (2) whether the lower court erred in ordering the sale of the subject property to appellee without awarding him 100% of the equity therein and also terminating the mortgage payment obligation; (3) whether the lower court erred in charging household maintenance items against the equity of Gary Mounts; (4) whether the lower court erred in admitting hearsay evidence presented on behalf of the appellant, Dian Weston; and (5) whether the lower court erred in not awarding Gary Mounts attorney's fees and court costs.

¶ 3. Finding no prejudicial error, this Court affirms on direct and cross-appeal.

FACTS

¶ 4. Dian Weston and Gary Mounts were married on December 12, 1975, and separated January 21, 1993. The couple had one child, born on June 30, 1978. On March 31, 1993, Weston filed a complaint for divorce alleging adultery or, alternatively, *825 irreconcilable differences. In his cross-complaint for divorce, Mounts alleged habitual cruel and inhuman treatment or, alternatively, irreconcilable differences. Both parties requested custody of the minor child.

¶ 5. On July 18, 1994, the chancellor dismissed Mounts' counter-claim for divorce for lack of proof, granted Weston a divorce on the ground of adultery, and awarded her custody of the couple's minor child. The chancellor ordered Mounts to: (1) pay child support in the amount of $650 per month; (2) maintain major medical insurance and a life insurance policy for the benefit of the minor child; (3) pay all college expenses for the child; (4) pay Weston $1200 per month periodic alimony and $822 for the monthly mortgage on the residence; (5) pay Weston half of the proceeds from his retirement plan; (6) pay Weston half of the proceeds from the sale of a 1955 Thunderbird; and (7) pay attorney's fees in the amount of $2500 and all court costs.

¶ 6. On September 12, 1994, Weston filed a contempt action against Mounts alleging that he failed to pay child support, alimony, attorney's fees, and the remaining balance due from the sale of the 1955 Thunderbird. After learning that the child had been living with Mounts since August 18, 1994, the court, on its own motion, modified the divorce decree. The court terminated Mounts' obligation of child support and gave him physical custody of the minor child, but awarded no child support. The court held him in contempt and ordered him to pay Weston $14,091.62, which represented an arrearage for all sums of money ordered payable to Weston by the chancellor in his divorce decree, plus attorney's fees and court costs.

¶ 7. On January 12, 1995, Mounts requested that the court reconsider its refusal to order a reduction in alimony. Weston responded with a second petition to cite Mounts with contempt. The parties entered into an agreed judgment which dismissed the motion to reconsider, and required Mounts to pay a total of $20,419.28 in delinquent alimony and support. Attorney's fees and court costs totaling $917 were also assessed against Mounts.

¶ 8. On September 5, 1995, Mounts, citing financial problems, sought a modification of his court ordered obligations. While holding that Mounts' financial problems were largely of his own making, the chancellor reduced his monthly alimony payments by $200.

¶ 9. On July 31, 1998, Weston requested a modification of the final judgment and that Mounts be held in contempt. She requested additional money due to the increase in the mortgage payment, a renewal of the balloon mortgage before December 1998 and attorney's fees. After an October 6, 1998 hearing, the chancellor entered an order which required Weston to obtain financing of the home solely in her name and to get an appraisal of the home. Mounts' obligation for the mortgage increases was deemed satisfied for the months of October and November 1998 and his obligation to pay college expenses was terminated. The chancellor then defined all mortgage payments as alimony for Weston's benefit.

¶ 10. On January 25, 1999, the court determined Mounts' interest in the family home to be worth $26,500. It directed that this interest be transferred to Weston, who was to pay Mounts $205 per month for 25 years. This payment of $205 per month was to be accomplished by a reduction of $205 per month in the mortgage (alimony) payment to be made by Mounts. The court ordered Mounts to pay the existing debt on three credit cards held by him and to hold Weston harmless *826 for the same. Weston was ordered to show proof of payment for the repair and maintenance on the home. Both parties were ordered to pay half the foreclosure costs on the property and half the closing costs for refinancing the property.

¶ 11. On January 25, 1999, Weston requested reconsideration and clarification of the final order. In an order dated June 21, 1999, the court held both parties responsible for half the foreclosure costs and Weston responsible for all of the closing costs. The court held that should Mounts die before the purchase of his equity in the family home was completed, the remaining interest would be payable to his estate. Weston's request for attorney's fees and court costs were denied as was Mounts' request for a reduction in alimony.

¶ 12. Finally, the court found that all previous and future mortgage payments made by Mounts be considered periodic alimony.

ISSUES AND ANALYSIS

I.

Whether the chancellor erred as a matter of law in granting Gary Mounts and his estate an equity interest in Dian Weston's homestead property?

¶ 13. Weston argues that the chancellor gave Mounts and his estate an equity interest in her homestead. The record before this Court does not support that argument. The record indicates that as a part of the division of marital property, Weston was granted sole ownership of the marital home. In exchange for that ownership, Mounts was to be paid $26,500. The court provided that if Mounts died prior to receipt of this $26,500, then his estate would be entitled to any unpaid balance.

¶ 14. When reviewing matters of property division and distribution in divorce cases, this Court employs a limited standard of review. Reddell v. Reddell,

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Cite This Page — Counsel Stack

Bluebook (online)
789 So. 2d 822, 2001 WL 714790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weston-v-mounts-missctapp-2001.