Broome v. Broome
| Docket Number: | 2000-CA-01122-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce - Sanctions - Contempt - Alimony Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving and Griffis, JJ. Non Participating Judge(s): Myers, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 06-29-2000 Appealed from: Jackson County Chancery Court Judge: William H. Myers Disposition: APPELLANT FOUND IN CONTEMPT, ORDERED TO PAY PERIODIC ALIMONY AND DENIED MOTION TO SET ASIDE, WHILE APPELLEE'S MOTION TO STRIKE GRANTED. Case Number: 61,522 |
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| Consolidated: 2000-CA-02098 T. C. Broome v. Shelia Broome; Jackson Chancery Court; LC Case #: 61,522-JB; Ruling Date: 12/05/2000; Ruling Judge: Jaye A. Bradley, Sr. | ||
| Party Name: | Attorney Name: | |||
| Appellant: | T. C. Broome |
MARK H. WATTS |
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| Appellee: | Shelia Broome | WILLIAM T. REED |
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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: | Divorce - Sanctions - Contempt - Alimony |
| Summary of the Facts: | T. C. Broome and Sheila Broome were granted a divorce. Sheila filed a petition for citation for contempt. While the petition for citation for contempt was pending, T. C. filed a notice of appeal stemming from the final judgment on the division of property. Sheila filed a notice of cross-appeal. The Court of Appeals reversed and remanded to the chancery court with a mandate to award periodic alimony and to make a judicial determination of the worth of one of the marital assets, the T. C. Broome Construction Company. The chancery court entered a judgment awarding $3,000 per month in permanent periodic alimony, and $173,160 for Sheila’s interest in Broome Construction. A second appeal arose from the petition for contempt when the court entered a judgment in favor or Sheila and T. C. filed a motion to set aside the judgment. The Supreme Court entered an order dismissing the motion to set aside holding that the motion was untimely. The issues on appeal go to the judgment entered by the chancery court on remand. |
| Summary of Opinion Analysis: | Issue 1: Sanctions T.C. argues that the court erred in imposing $15,000 in sanctions because he had not complied with its order to turn over records to an independent expert. The record supports a finding of willful refusal to comply with the expert's efforts to properly value Broome Construction. T.C. made no attempt to request more time to comply or to advise the chancery court of any difficulties he had in producing or delivering the documents and engaged in unjust delay tactics in attempting to postpone monetary awards to Sheila. Issue 2: Contempt T.C. argues that the court erred in finding that he was in contempt for failing to obtain a $950,000 life insurance policy. The court did not err in finding T. C. in contempt. Not only did T. C. misinform the court concerning whether he complied with the order that he obtain this insurance, but there is no showing that he even attempted to comply with the order until after the initial contempt proceeding and an order requiring him to furnish proof of insurance. Issue 3: Alimony T. C. argues that the evidence introduced in 1997 did not support the alimony amount awarded in the final judgment and that his health and earning capacity have declined. T. C.'s net income was approximately $310,000 in 1995 and $150,000 in 1994. Sheila had no income, other than child support of $1000 per month. The delay between the time the hearing was held and the final order entered was attributable to T. C.'s failure to comply with the chancery court orders. Given this record, the court did not abuse its discretion. |
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