Holley v. Holley
| Docket Number: | 2006-CA-01230-SCT Linked Case(s): 2006-CA-01230-COA |
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| Supreme Court: | Opinion Link Opinion Date: 11-29-2007 Opinion Author: Dickinson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Periodic alimony Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ. Non Participating Judge(s): Easley, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 06-27-2006 Appealed from: Lowndes County Chancery Court Judge: Kenneth M. Burns Disposition: In this divorce case, Danny L. Holley claims the chancellor awarded excessive alimony. The chancellor considered Danny’s average earnings for the previous six years and ordered Danny to pay $2,000 per month in periodic alimony for sixty months. Danny appealed, and this Court reversed and remanded for a determination of the appropriate type and amount of alimony. Holley v. Holley, 2002-CT-00296-SCT (Miss. 2002). On remand, the parties agreed to have the chancellor reconsider the evidence presented in the original trial. The chancery court re-examined the evidence and ordered Danny to pay $750 per month in periodic alimony and $500 per month in alimony arrearages. Case Number: 2001-0793 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Danny L. Holley |
MARK G. WILLIAMSON |
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| Appellee: | Wanda S. Holley | JOHN W. CROWELL KRISTEN WOOD WILLIAMS |
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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: | Periodic alimony |
| Summary of the Facts: | Wanda and Danny Holley were granted a divorce. The chancellor ordered Danny to pay $2,000 per month in periodic alimony for sixty months. Danny appealed, and the Supreme Court reversed and remanded for a determination of the appropriate type and amount of alimony. On remand, the parties agreed to have the chancellor reconsider the evidence presented in the original trial. The chancery court re-examined the evidence and ordered Danny to pay $750 per month in periodic alimony and $500 per month in alimony arrearages. Danny appeals. |
| Summary of Opinion Analysis: | The chancellor determined that Danny’s net income was greater than Wanda’s and that Wanda’s expenses were higher than Danny’s. He considered the needs of the parties. The chancellor found that the nineteen-year marriage was long. He considered the fact that the children lived with Wanda and that, without alimony, Wanda could not maintain her previous standard of living because her expenses are much greater than her income. He found that Danny’s adulterous conduct was the sole cause of the breakup of the marriage. Although Danny presented evidence that his income was declining, the chancellor is the trier of fact and determines the weight and credibility of the evidence. Danny offered no testimony or evidence that Wanda’s expenses were false, misleading or otherwise erroneous. The evidence presented in this case supports the chancellor’s findings. Therefore, it was not manifestly erroneous to award periodic alimony. |
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