Deen v. Deen
| Docket Number: | 2002-CA-00198-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2003 Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Constructive desertion - Attorney’s fees Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 01-08-2002 Appealed from: Jefferson Davis County Chancery Court Judge: J. Larry Buffington Disposition: DIVORCE GRANTED BASED ON CONSTRUCTIVE DESERTION Case Number: 00-0243 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mary M. Deen |
OBY THOMAS ROGERS |
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| Appellee: | Charles Deen | DEBORAH J. GAMBRELL |
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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: Constructive desertion - Attorney’s fees |
| Summary of the Facts: | Charles Deen was granted a divorce from Mary Deen based on constructive desertion. Mary appeals. |
| Summary of Opinion Analysis: | Issue 1: Constructive desertion Mary argues that the court's ruling is manifestly wrong and not supported by substantial, credible evidence. Constructive desertion may occur if either party by reason of such conduct on the part of the other as would reasonably render the continuance of the marital relation unendurable or dangerous to life, health or safety, is compelled to leave the home and seek safety elsewhere, or if the husband negligently or wilfully fails or refuses to support the wife, reasonably, in accordance with his means and ability. The record contains substantial, credible evidence which supports the chancellor’s finding that the course of conduct by Mary amounted to constructive desertion. Issue 2: Attorney’s fees Mary argues that the court erred in denying her request for attorney's fees. If a party is financially able to pay her attorney, an award of attorney's fees is not appropriate. Mary failed to offer any evidence of an inability to pay her own attorney's fees. |
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