Yonker v. Yonker

423 S.W.3d 848, 2014 WL 849879, 2014 Mo. App. LEXIS 240
CourtMissouri Court of Appeals
DecidedMarch 4, 2014
DocketNo. SD 32564
StatusPublished
Cited by2 cases

This text of 423 S.W.3d 848 (Yonker v. Yonker) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yonker v. Yonker, 423 S.W.3d 848, 2014 WL 849879, 2014 Mo. App. LEXIS 240 (Mo. Ct. App. 2014).

Opinion

DON E. BURRELL, J., Opinion Author.

Valerie Kay Yonker (now Boyce) (“Ex-Wife”) appeals the judgment of contempt and subsequent order of commitment entered after she failed to pay her ex-husband, Scott Damian Yonker (“Ex-Husband”), $250,000.00 as required by the parties’ dissolution judgment.

Ex-Wife’s first point claims the trial court’s contempt finding “was an abuse of discretion, against the weight of the evidence and not supported by substantial evidence in that [Ex-Wife] did not have the financial ability to pay said debt to [Ex-Husband.]” Her second point challenges the trial court’s order of commitment (ordering Ex-Wife’s incarceration) on the grounds that it “was an abuse of discretion, not supported by substantial evidence and was against the weight of the evidence and misapplied or misdeclared [sic] law” because Ex-Wife lacked “the present ability to pay $200,000 or $250,000 to [Ex-Husband] either at the time of trial, the entry of the judgment of contempt or the order of commitment, or on May 1, 2013[J”

Finding merit only in Ex-Wife’s second point, we affirm the contempt judgment but reverse and vacate the order of commitment and remand the matter for further proceedings on the propriety of Ex-Wife’s incarceration because no substantial evidence of Wife’s present ability to purge herself of contempt was before the trial court at the time it entered its January 2013 commitment order.

[851]*851Applicable Principles of Review and Governing Law

“A trial court’s judgment in a civil contempt proceeding must be affirmed unless there is no substantial evidence to support the judgment, the judgment is against the weight of the evidence^1] or it erroneously applies or declares the law.” Stuart v. Ford, 292 S.W.3d 508, 514 (Mo.App. S.D.2009). The ruling will not be disturbed “absent a clear abuse of discretion.” Id. at 513.

Judicial discretion is abused when the trial court’s ruling is clearly against the logic of the circumstances then before the court and is so arbitrary and unreasonable as to shock the sense of justice and indicate a lack of careful consideration; if reasonable persons can differ about the propriety of the action taken by the trial- court, then it cannot be said that the trial court abused its discretion.

Anglim v. Missouri Pac. R.R. Co., 832 S.W.2d 298, 303 (Mo. banc 1992).

The parties disagree about the proper measure of deference this court owes the trial court on its resolution of disputed facts. Although Ex-Wife admits that we must defer to the trial court on all matters involving the credibility of witnesses, she claims that we do not owe the same deference when it comes to “documentary evidence[,]” citing South Side Plumbing Co. v. Tigges, 525 S.W.2d 583, 589-90 (Mo.App. St.L.D.1975),2 and Earls v. Majestic Pointe, Ltd., 949 S.W.2d 239, 246 n. 9 (Mo.App. S.D.1997). Based on these cases, Ex-Wife — who relied heavily on cer[852]*852tain documentary evidence she presented to the trial court — claims that our review of such evidence is de novo.

The Earls court was “mindful that the trial court can believe all, part, or none of the testimony of any witness.” 949 S.W.2d at 246. In a footnote to that statement, it added, “While this Court gives deference to the trial court’s credibility determinations on witnesses, the documentary evidence in this case is not subject to the deference rule[,]” id. at n. 9, citing Hinkle v. Emmons, 826 S.W.2d 359, 361 (Mo.App. E.D.1992). Hinkle makes a similar statement: “Most of the evidence in this case was documentary and is not subject to the deference rule.” Id.

It is important to note that each of the aforementioned opinions predate our supreme court’s statement in Business Men’s Assur. Co. of Am. v. Graham, 984 S.W.2d 501, 506 (Mo. banc 1999), that “this Court defers to the trial court as the finder of fact in determinations as to whether there is substantial evidence to support the judgment and whether that judgment is against the weight of the evidence, even where those facts are derived from pleadings, stipulations, exhibits and depositions.”3 Appellant’s argument is also inconsistent with our high court’s more recent, watershed opinion of White v. Director of Revenue, 321 S.W.3d 298 (Mo. banc 2010), which held that

[wjhen the burden of proof is placed on a party for a claim that is denied, the trier of fact has the right to believe or disbelieve that party’s uncontradicted or uncontroverted evidence. Bakelite Co. v. Miller, 372 S.W.2d 867, 871 (Mo.1963). If the trier of fact does not believe the evidence of the party bearing the burden, it properly can find for the other party.

Id. at 305.

As a result, we must reject Ex-Wife’s position and persist in our more recently expressed standard: “When determining sufficiency of evidence pursuant to the Murphy v. Carrón standard, appellate courts accept as true the evidence and inferences favorable to the trial court’s judgment, disregarding all contrary evidence.” Jarrell v. Director of Revenue, 41 S.W.3d 42, 46 (Mo.App. S.D.2001) (emphasis added). Our following summary of the relevant facts is in accord with that standard.

Facts and Procedural Background

The Dissolution Judgment

The parties were divorced on February 3, 2009 after reaching “a settlement as to all issues.” Ex-Wife was represented by counsel at the dissolution hearing and during the subsequent contempt proceedings. The dissolution judgment approved the “Marital Settlement and Separation Agreement” (“marital agreement”), and it divided the parties’ property “as set forth on Exhibits A-F attached to the [marital agreement].” Exhibit B (“[Ex-Husband]’s Share of Marital Property”) and Exhibit E [853]*853(“[Ex-Wife]’s Debts”) together provided that Ex-Wife would make two cash payments to Ex-Husband. One cash payment, in the amount of $300,000, was to be made when the trial court signed the dissolution judgment (“the first payment”), and it was made as ordered. “An additional cash payment from [Ex-Wife] in the sum of $250,000 [was to be made] within two (2) years of’ the dissolution judgment and there was “a promissory note by [Ex-Wife] in favor of [Ex-Husband] acknowledging that such obligation shall bear interest at the rate of 6% per year.” Ex-Husband filed “PETITIONER’S MOTION FOR CONTEMPT” on January 9, 2012. On January 13, 2012, the trial court set a show-cause hearing for April 20, 2012.

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Bluebook (online)
423 S.W.3d 848, 2014 WL 849879, 2014 Mo. App. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yonker-v-yonker-moctapp-2014.