Reed v. Reed


<- Return to Search Results


Docket Number: 2001-CA-01363-COA

Court of Appeals: Opinion Link
Opinion Date: 03-04-2003
Opinion Author: Chandler, J.
Holding: Reversed and Rendered

Additional Case Information: Topic: Divorce: Habitual cruel and inhuman treatment - Sufficiency of evidence
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Thomas and Myers, JJ.
Non Participating Judge(s): Irving and Griffis, JJ.
Dissenting Author : King, P.J.
Dissent Joined By : Bridges and Lee, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS

Trial Court: Date of Trial Judgment: 07-19-2001
Appealed from: Kemper County Chancery Court
Judge: John Love, Jr.
Disposition: JUDGMENT FOR DIVORCE GRANTED ON GROUND OF HABITUAL CRUEL AND INHUMAN TREATMENT.
Case Number: 2000-0133

  Party Name: Attorney Name:  
Appellant: Matthew Reed




MARVIN E. WIGGINS



 

Appellee: Gloria Reed HELEN J. MCDADE  

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.

Topic: Divorce: Habitual cruel and inhuman treatment - Sufficiency of evidence

Summary of the Facts: Gloria Reed filed a divorce action against Matthew Reed on the grounds of habitual, cruel and inhuman treatment or, in the alternative, irreconcilable differences. The chancellor granted her a divorce on the grounds of habitual, cruel and inhuman treatment, and Matthew appeals.

Summary of Opinion Analysis: Matthew argues that the chancellor erred by granting Gloria a divorce on the grounds of habitual, cruel and inhuman treatment, because it was granted based upon incorrect or inaccurate findings of fact since the court's findings indicate Gloria testified to multiple acts of violence while the couple’s daughter is the only one who alleged that her father had slapped her mother on a separate occasion. The cruelty required to prove this ground is not such as merely to render the marriage undesirable or unpleasant, but impossible except at the risk to life and limb or health, must be real rather than imaginary, and must be clearly established by the proof. Physical violence or threats of physical violence are not necessary to prove habitual cruel and inhuman treatment, but the conduct must be more than mere unkindness, rudeness, or incompatibility and must not be based on one isolated incident. According to Gloria, Matthew choked her, called her dirty names, engaged in affairs, threatened to kill her, played mean tricks on her including voodoo, would not sleep with her, locked up the family's food, burned her clothes, and verbally attacked her mother. Gloria cites to only one isolated physical attack and verbal threat. All of her other accusations such as Matthew's mean tricks, name-calling, and refusal to sleep with her fall more in the categories of mere unkindness, rudeness, and incompatibility. The conduct alleged by Gloria, even if true, does not rise to the necessary level to prove cruelty.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court