Ash v. Ash
| Docket Number: | 2002-CA-01028-COA Linked Case(s): 2002-CT-01028-SCT ; 2002-CT-01028-SCT ; 2002-CT-01028-SCT ; 2002-CA-01028-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: King, P.J. Holding: AFFIRMED IN PART, REVERSED AND REMANDED IN PART |
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| Additional Case Information: |
Topic: Divorce: Adultery - Oral agreement - Section 93-5-2 - Equitable distribution - Alimony Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Non Participating Judge(s): Chandler, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 04-03-2002 Appealed from: Marshall County Chancery Court Judge: Glenn Alderson Disposition: APPELLEE WAS GRANTED A DIVORCE ON THE GROUNDS OF ADULTERY. Case Number: 00-0160 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jesse M. Ash, Sr. |
SUSAN LATHAM STEFFEY |
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| Appellee: | Floy Lorriane Russom Ash | TALMADGE D. LITTLEJOHN |
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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: Adultery - Oral agreement - Section 93-5-2 - Equitable distribution - Alimony |
| Summary of the Facts: | Floy Ash filed for divorce from Jesse Ash, Sr. Jesse filed a counterclaim for divorce. During the trial, the parties announced that they had reached a settlement. The parties left the court with the understanding that the agreement would be reduced to writing, signed by the parties, and submitted to the court. However, no written agreement was ever signed by the parties or submitted to the court. Floy filed a motion to enforce judgement. The chancellor granted the motion and held the parties to the agreement. The chancellor granted Floy a divorce on the ground of adultery and ordered Jesse to pay Floy $40,000 as attorney's fees. Jesse appeals. |
| Summary of Opinion Analysis: | Jesse argues that the oral agreement made between the parties contemplated divorce on the ground of irreconcilable differences and was void and unenforceable in a fault-based proceeding. Section 93-5-2 provides that when a divorce is sought on the ground of irreconcilable differences, the parties shall enter a written agreement resolving matters of property division, which must then be approved by the chancellor. If prior to the chancellor’s approval one of the parties withdraws his consent or seeks a fault based divorce, the agreement is rendered unenforceable. Here, Floy obtained a fault-based divorce prior to the agreement being finally reduced to writing and approved by the chancellor. Therefore, the agreement was rendered unenforceable, and the chancellor was required to address issues of property distribution and support consistent with the principles of equitable distribution. Here, the record is completely devoid of any analysis of the appropriateness of the distribution of property or the award of alimony. The case is remanded so the chancellor can make the necessary on-the-record analysis of the equitable distribution of property and award of alimony. |
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