Montgomery v. Montgomery
| Docket Number: | 2002-CA-01769-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-18-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contempt - Intent Judge(s) Concurring: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 11-01-2000 Appealed from: Oktibbeha County Chancery Court Judge: James S. Gore Disposition: WANDA MONTGOMERY IN CONTEMPT OF COURT. ORDERED TO PAY COURT COSTS, ATTORNEY'S FEES OF $750, AND $4,550 AS VALUE OF LOST PROPERTY Case Number: 97-0154 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Wanda B. Montgomery |
RODNEY A. RAY |
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| Appellee: | John Prate Montgomery | BEN F. HILBUN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contempt - Intent |
| Summary of the Facts: | When Wanda and John Montgomery were divorced, Wanda was allowed to live in her former husband's camp house. She agreed to vacate it no later than March 5, 1999, and to leave certain items in the camp house upon her departure and to return certain items that she had removed. In May of 1999, John filed a motion to cite his former wife for contempt, claiming that she had removed thirty items from the camp house in violation of the court decree. Wanda filed a motion to cite John for contempt for failing to pay alimony for several months. The chancellor found Wanda in civil contempt of court and ordered her to pay the sum of $4,550 as compensation for items removed from the camp house and to pay attorney's fees of $750 and court costs. She appeals. |
| Summary of Opinion Analysis: | Wanda argues that the chancellor's decision finding her in contempt of court is clearly erroneous. Intent may be determined from a person's acts. Wanda’s admissions and possession of many of the thirty missing items leads to inferences that she intended to dispossess John of items in the camp house. The total claim for the items was more than $10,000. There was a sufficient basis for the determination that Wanda intentionally damaged or discarded property that she reasonably knew should be returned to her husband, and the award of monetary damages was justified. |
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