Price v. Price
| Docket Number: | 2008-CA-01802-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-10-2009 Opinion Author: ISHEE, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Divorce: Habitual cruel and inhuman treatment Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 09-22-2008 Appealed from: DeSoto County Chancery Court Judge: Percy L. Lynchard, Jr. Disposition: HUSBAND AWARDED DIVORCE ON GROUND OF CRUEL AND INHUMAN TREATMENT Case Number: 06-07-1201 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | EULA PRICE A/K/A BABY EULA JONES BELL
PRICE |
DAVID L. WALKER |
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| Appellee: | JAMES PRICE | JAMES PRICE (PRO SE) | ||
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| Topic: | Divorce: Habitual cruel and inhuman treatment |
| Summary of the Facts: | Eula Price filed for a divorce from James Price. James filed a counterclaim. Prior to trial, Eula withdrew her complaint but continued to defend against the relief sought by James. The chancellor entered an order granting James’s request for a divorce based on cruel and inhuman treatment. Eula appeals. |
| Summary of Opinion Analysis: | Habitual cruel and inhuman treatment is conduct that either endangers life, limb, or health, or creates a reasonable apprehension of such danger, rendering the relationship unsafe for the party seeking relief, or is so unnatural and infamous as to make the marriage revolting to the non-offending spouse and render it impossible for that spouse to discharge the duties of marriage, thus destroying the basis for its continuance. There must be a causal connection between the treatment and the separation. Here, there is evidence showing that, within the two-year marriage, James has been the subject of numerous physical and verbal assaults by Eula. Further, James has dealt with the destruction of his property, both during the marriage and after the separation. Additionally, Eula had pleaded guilty to a charge of false pretenses for taking out credit cards in her husband’s name. To corroborate his testimony, James put his nineteen year old son on the stand, who testified that he witnessed, first-hand, the physical abuse of his father by Eula. Furthermore, Eula, in her testimony, admitted that all of these incidents occurred. Thus, James has met his burden of proving his ground for a divorce of cruel and inhuman treatment by a preponderance of the evidence. |
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