Hodge v. Hodge
| Docket Number: | 2001-CA-01877-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-18-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Habitual cruel and inhuman treatment - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., 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: 11-08-2001 Appealed from: Lafayette County Chancery Court Judge: Jon M. Barnwell Disposition: PETITION FOR DIVORCE DENIED. Case Number: 99-373 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jackie Virginia (Wright) Hodge |
DARRIN JAY WESTFAUL |
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| Appellee: | Kenneth Edward Hodge | C. MICHAEL MALSKI |
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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: Habitual cruel and inhuman treatment - Sufficiency of evidence |
| Summary of the Facts: | Jackie Hodge brought an action for divorce against her husband, Kenneth Hodge, on grounds of habitual cruel and inhuman treatment. The chancellor denied the divorce, and Jackie appeals. |
| Summary of Opinion Analysis: | A divorce on the grounds of habitual cruel and inhuman treatment requires the party to show that the conduct of the offending spouse endangers the life or health of the other, or is so terrible that it makes the continuation of the marriage revolting. Jackie argues that her husband's fondness for pornography resulted in great emotional harm and that he forced her to watch the pornography against her will. However, the couple’s two children testified that they had never seen nor heard about any pornography around their parents’ house. In addition, Jackie provides only her own testimony that the physical illnesses or mental harm she suffered were caused by the alleged habitual cruel and inhuman treatment by her husband. Therefore, the evidence supports the chancellor’s decision. |
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