Phelps v. Phelps
| Docket Number: | 2005-CA-01281-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-12-2006 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Filing of notice of appeal - M.R.A.P. 4(d) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Irving, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 11-15-2004 Appealed from: Harrison County Chancery Court Judge: Carter Bise Disposition: CHANCERY COURT ENTERED JUDGMENT OF DIVORCE Case Number: 04-00947 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terry Richard Phelps |
MARK B. STRICKLAND |
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| Appellee: | Tammy Diane Phelps | JOHN VERNON WOODFIELD |
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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: Irreconcilable differences - Filing of notice of appeal - M.R.A.P. 4(d) |
| Summary of the Facts: | Tammy Phelps and Terry Phelps agreed to a divorce on the ground of irreconcilable differences. The court ordered Terry to pay $2,500 in property division, lump sum alimony in the amount of $6,500, periodic alimony of $1,000 per month, and to supply Tammy with health insurance for one year. In addition, Tammy was granted an interest in Terry’s pension while Terry was awarded the parties’ 1991 Chevrolet S-10 truck. Subsequent to the November 2004 judgment, Terry filed his motions for relief from judgment; for reconsideration; to open judgment and take additional testimony; amend judgment; amend findings of fact; for new trial, and other relief on November 24, 2004, wherein Terry requested, generally, the judgment be altered based upon his claim that it was “onerous, burdensome, oppressive, unjust and inequitable.” The chancellor filed his judgment on Terry’s motions on May 31, 2005. The chancellor denied the majority of Terry’s motions but and granted Terry’s motion to alter or amend the judgment, and awarded Terry a $10,000 lien on Tammy’s parents’ house based upon the $20,000 the parties spent renovating the home. As a result of the amended judgment, Tammy filed her motion to reconsider on June 15, 2005. Not waiting on the formality of a judgment on an outstanding motion, Terry filed his notice of appeal on June 28, 2005. Subsequent to Terry’s notice of appeal, Tammy filed her motion for contempt on October 17, 2005, asserting that Terry failed to abide by the chancellor’s November 2004 judgment. In a judgment filed on December 2, 2005, for both Tammy’s motion for contempt and motion for reconsideration, the chancellor cited Terry for contempt. Though technically granted, it appeared that Tammy’s motion for reconsideration was denied as the chancellor applied the $10,000 at issue against the $16,900.35 for a final judgment for the arrearage in the amount of $6,900.35. |
| Summary of Opinion Analysis: | In accordance with M.R.A.P. 4(d), Terry’s timely notice of appeal was suspended pending disposition of Tammy’s motions. Upon their disposition, Terry’s notice was revived with an effective filing date of December 2, 2005. As such, his appeal is properly before the Court. Although Tammy failed to file a brief on appeal, Terry has failed to cite any authority for his points of argument, or anywhere in his brief, save for the standard of review. Notwithstanding Terry’s deficiency of authority, it is clear from a review of the record that the chancellor made extensive findings of fact based on substantial evidence in the record and applied those findings, in conjunction with the applicable law, to arrive at the judgment Terry now appeals. |
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