King v. King
| Docket Number: | 2002-CA-01114-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-13-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Equitable division of marital estate Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 06-06-2002 Appealed from: Lafayette County Chancery Court Judge: Norman L. Gillespie Disposition: GRANTED DIVORCE AND DIVIDED THE MARITAL ESTATE Case Number: 98-0034 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Nettie C. King |
PRO SE
OMAR D. CRAIG |
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| Appellee: | Eldridge C. King | PRESTON RAY GARRETT |
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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: | Equitable division of marital estate |
| Summary of the Facts: | In King v. King, 760 So. 2d 830, 837 (Miss. Ct. App. 2000), the Court of Appeals remanded this case for findings on the fair market value of the property, for an assessment of the wife’s non-economic contributions, and to reconsider the division of the marital estate according to such findings. On remand, the chancellor awarded Nettie King one-third of the marital estate and $1,700 in unpaid alimony. Nettie appeals. |
| Summary of Opinion Analysis: | Nettie argues that the chancellor erred in awarding her only one-third of the marital estate. Equitable division does not mean equal division. The award by the chancellor on remand amounted to almost forty percent of the marital estate. Nettie was awarded a car and was allowed to keep the personal property she took from the home. This far exceeds one-third of the marital estate. |
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