Daniels v. Daniels
| Docket Number: | 2005-CA-01318-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-27-2007 Opinion Author: IRVING, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Equitable division - Alimony - Findings of fact Judge(s) Concurring: KING, C.J., LEE, P.JJ., CHANDLER,GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Dissenting Author : Myers, P.J., dissents without separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 06-06-2005 Appealed from: MARION COUNTY CHANCERY COURT Judge: Sebe Dale, Jr. Disposition: FINAL JUDGMENT OF DIVORCE ENTERED. Case Number: 2003-0053-GN-D |
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| Party Name: | Attorney Name: | |||
| Appellant: | VIOLA DANIELS |
S. CHRISTOPHER FARRIS |
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| Appellee: | WILLIE B. DANIELS | LEIGH KENNINGTON BERRY |
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| Topic: | Divorce: Irreconcilable differences - Equitable division - Alimony - Findings of fact |
| Summary of the Facts: | Viola Daniels and Willie Daniels agreed to an irreconcilable differences divorce. The court made an equitable division of several contested pieces of property and gave Viola both periodic and rehabilitative alimony. Viola appeals. |
| Summary of Opinion Analysis: | Issue 1: Equitable division Viola argues that the chancellor erred in making inadequate findings of fact and conclusions of law in support of his division of the property. No discussion of the factors is found in the record, and no explanation of how the chancellor found as to any factor is included in the court’s ruling. Therefore, the case is reversed and remanded for further findings regarding the applicable Ferguson factors and how those findings support the chancellor’s division of the marital property. Issue 2: Alimony This issue is also remanded for the chancellor to make more detailed findings. The chancellor failed to thoroughly apply the relevant alimony factors in its findings of fact and conclusions of law. |
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