William Gerald Gilmer v. Sandra Giachelli Gilmer

CourtCourt of Appeals of Mississippi
DecidedMay 28, 2020
DocketNO. 2018-CA-00403-COA
StatusPublished

This text of William Gerald Gilmer v. Sandra Giachelli Gilmer (William Gerald Gilmer v. Sandra Giachelli Gilmer) 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
William Gerald Gilmer v. Sandra Giachelli Gilmer, (Mich. Ct. App. 2020).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2018-CA-00403-COA

WILLIAM GERALD GILMER APPELLANT/ CROSS-APPELLEE

v.

SANDRA GIACHELLI GILMER APPELLEE/ CROSS-APPELLANT

DATE OF JUDGMENT: 02/15/2018 COURT FROM WHICH APPEALED: RANKIN COUNTY CHANCERY COURT ATTORNEYS FOR APPELLANT: MATTHEW THOMPSON CHAD KENNETH KING ATTORNEYS FOR APPELLEE: TRACY STIDHAM STEEN WHITNEY McKAY ADAMS NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS DISPOSITION: ON DIRECT APPEAL: AFFIRMED IN PART; REVERSED AND REMANDED IN PART. ON CROSS-APPEAL: AFFIRMED - 05/28/2020 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE TINDELL, P.J., McDONALD AND McCARTY, JJ.

TINDELL, J., FOR THE COURT:

¶1. On October 4, 2017, the Rankin County Chancery Court entered its opinion and final

judgment, granting Sandra (“Sandy”) Gilmer a divorce against William (“Bill”) Gilmer on

the ground of habitual cruel and inhuman treatment. After dividing the couple’s marital

property, the chancellor awarded Sandy the marital home and ordered her to pay Bill $75,275

(half of the equity in the home). The chancellor also ordered Sandy to repay any remaining

balances on the marital-home mortgage and on the couple’s Copiah Bank line of credit. Finally, the chancellor denied Bill’s request for separate maintenance or alimony. In his

opinion, the chancellor also granted Sandy’s second motion for contempt against Bill and

awarded Sandy a total of $10,750 in attorney’s fees for the divorce action and the contempt

action.

¶2. Following the chancellor’s judgment, Bill filed a motion for new trial or amendment

of judgment on October 16, 2017. On February 15, 2018, the chancellor entered an order

amending his judgment and awarding Bill an additional $3,625 in equity on the couple’s

marital home. In the amended judgment, the chancellor also found that Bill was not required

to reimburse Sandy for $2,500 in attorney’s fees that the previous chancellor had ordered her

to pay Bill as a sanction for her first motion for contempt.

¶3. Aggrieved, Bill appeals from the chancellor’s opinion and final judgment, challenging

the judgment of divorce, distribution of marital assets and debt, denial of separate

maintenance and alimony, and award of attorney’s fees. Sandy cross-appeals, challenging

the chancellor’s division of assets in the original judgment and the chancellor’s decision to

require Bill to reimburse her with $2,500 in attorney’s fees related to her first motion for

contempt.

¶4. Upon review, we find no error in the chancellor’s judgment of divorce, equitable

division of assets, or denial of separate maintenance or alimony. We also find no error in the

chancellor’s decision to not require Bill to repay the $2,500 to Sandy. But we do find that

the chancellor erroneously granted Sandy attorney’s fees without providing a proper analysis

2 regarding her ability to pay. We therefore affirm in part and reverse in part the chancellor’s

judgment, and we remand this case for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

¶5. Bill and Sandy married on June 25, 2005. The couple had no children together, but

both parties had children from previous marriages. Sandy has three children (Jamie Aron,

Josh Aron, and Jacob Aron), and Bill has two children (Kim Gilmer Horn and Will Gilmer).

The couple exercised a “week on, week off” custody arrangement so that Bill’s children and

Sandy’s children could all be together at the same time. Bill and Sandy lived in Florence,

Mississippi, for the majority of their marriage until their separation on or about August 24,

2014.

¶6. On August 26, 2014, Sandy filed for divorce against Bill on the ground of habitual

cruel and inhuman treatment. On September 9, 2014, Bill answered, denying Sandy’s

allegations and requesting temporary and permanent separate maintenance. That same day,

the parties entered into an agreed temporary order, which allowed Bill temporary, exclusive

use and control of the marital home. The order also held Bill responsible for making all

payments on the home’s mortgage and the couple’s Copiah Bank home equity line of credit.

Additionally, Sandy agreed to attend two counseling sessions with Bill at his expense. The

agreed order also allowed Sandy to take possession of certain pieces of furniture and personal

property.

¶7. Throughout the divorce proceedings, the parties filed various motions for contempt

3 against each other relating to their agreed temporary order. Sandy filed her first motion for

contempt against Bill on October 15, 2014, arguing that Bill had willfully and maliciously

failed to timely make the mortgage payments, thereby damaging Sandy’s credit rating. Sandy

also argued that Bill refused to allow her to have certain pieces of furniture and personal

property listed in the agreed temporary order. Sandy requested that the chancellor place Bill

in jail for failing to timely pay their mortgage and issue a writ of assistance to the Rankin

County Sheriff’s Office so that law enforcement could accompany her to the marital home

to retrieve her remaining personal property. Bill filed his own motion for contempt against

Sandy on October 23, 2014. In his motion, Bill argued that Sandy wrongfully prevented him

from access to the couple’s online Wells Fargo account, refused to attend counseling sessions

as mandated by the agreed temporary order, and entered the marital home and collected items

not listed in the agreed temporary order.

¶8. On October 30, 2014, the chancellor conducted a hearing on both motions for

contempt. At the conclusion of the hearing, the chancellor issued a bench ruling and

primarily found Sandy’s motion to be frivolous and ordered her to pay Bill $2,500 in

attorney’s fees as a sanction. The chancellor also appointed Gary Williams, Esq. to supervise

Sandy as she retrieved the remaining items of personal property listed in the agreed

temporary order. But the chancellor subsequently died, and the bench ruling was never

deduced to a written order. Sandy complied with the chancellor’s bench ruling, however, and

paid Bill $2,500 in attorney’s fees.

4 ¶9. Divorce proceedings took place before the succeeding chancellor on June 16, 2015;

May 17-18, 2016; October 17-18, 2016; October 20, 2016; and March 27-28, 2017. In the

midst of the proceedings, Sandy filed her second motion for contempt on August 4, 2016.

After hearing all the evidence over a period of nineteen months, the chancellor took the

divorce and property distribution matters under advisement, as well as Sandy’s second

motion for contempt. On October 4, 2017, the chancellor entered his opinion and final

judgment and found, in pertinent part, that: (1) Sandy was entitled to a divorce against Bill

on the ground of habitual cruel and inhuman treatment; (2) Sandy was awarded exclusive

possession and control of the couple’s marital home and was required to pay Bill $75,275 in

equity in the marital home; (3) Sandy was to be responsible for all remaining debt on the

Wells Fargo mortgage and on the Copiah Bank line of credit; (4) Bill was not entitled to

separate maintenance or alimony; (5) Bill was held in contempt of court and required to pay

any past-due payments; and (6) Bill was required to pay Sandy $10,000 in attorney’s fees for

the divorce action and $750 for the second contempt action.

¶10.

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William Gerald Gilmer v. Sandra Giachelli Gilmer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-gerald-gilmer-v-sandra-giachelli-gilmer-missctapp-2020.