Anderson v. Anderson, 031919 MSCA, 2017-CA-00608-COA

Docket Nº:2017-CA-00608-COA
Opinion Judge:LAWRENCE, J.,
Party Name:STEPHEN DEMOND ANDERSON SR. APPELLANT v. EMMARIE G. FLAGGS ANDERSON APPELLEE
Attorney:ATTORNEY FOR APPELLANT: DAVID NEIL McCARTY ATTORNEY FOR APPELLEE: DAVID M. SESSUMS
Judge Panel:BEFORE BARNES, C.J., WESTBROOKS AND LAWRENCE, JJ. BARNES, C.J, CARLTON AND J WILSON, PJJ, GREENLEE, WESTBROOKS, TINDELL, McDONALD AND C WILSON, JJ, CONCUR McCARTY, J., NOT PARTICIPATING.
Case Date:March 19, 2019
Court:Court of Appeals of Mississippi
 
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STEPHEN DEMOND ANDERSON SR. APPELLANT

v.

EMMARIE G. FLAGGS ANDERSON APPELLEE

No. 2017-CA-00608-COA

Court of Appeals of Mississippi

March 19, 2019

DATE OF JUDGMENT: 03/17/2017

WARREN COUNTY CHANCERY COURT HON. JANE R. WEATHERSBY, JUDGE

ATTORNEY FOR APPELLANT: DAVID NEIL McCARTY

ATTORNEY FOR APPELLEE: DAVID M. SESSUMS

BEFORE BARNES, C.J., WESTBROOKS AND LAWRENCE, JJ.

LAWRENCE, J.,

¶1. In 2012, Emmarie Anderson filed for divorce against Stephen Anderson Sr. on the grounds of habitual cruel and inhuman treatment and adultery. In May 2016, the Warren County Chancery Court Clerk informed Emmarie that the case was set to be dismissed without prejudice under Mississippi Rule of Civil Procedure 41(b). A few months later, Stephen filed for divorce against Emmarie on the grounds of habitual cruel and inhuman treatment and adultery. Emmarie then resurrected her 2012 case, amending her complaint but maintaining her grounds for divorce. The two cases were consolidated.

¶2. After a trial, the chancellor found Stephen guilty of habitual cruel and inhuman treatment. The chancery court awarded Emmarie custody of their three children and Stephen visitation. Stephen was also ordered to pay child support. As part of the property division, the court awarded Emmarie use and possession of the marital home and ordered Stephen to continue paying the mortgage on the marital home, including the taxes and insurance. On appeal, Stephen argues that the chancery court erred in finding him at fault for the divorce and for ordering him to continue paying the mortgage on the marital home. Finding no error, we affirm the chancery court's judgment.

FACTS

¶3. Stephen and Emmarie dated throughout high school and eventually married in 2007. They had three children together-N.F., born in 2000, S.F., born in 2006, and A.F., born in 2008.1

¶4. The couple had a turbulent marriage from the beginning. At trial, Emmarie testified that, during their first year of marriage, Stephen would have outbursts and "tear up things in the house." She also testified that he would "beat the hell out of [her]" two to three times a week. Emmarie detailed numerous violent instances over the course of their marriage. For example, around 2009, Stephen punched her in the face and caused her to temporarily lose hearing in her right ear. Both Emmarie's mother and the couple's eldest son, N.F., testified that they witnessed Stephen physically abuse Emmarie throughout the marriage.

¶5. When asked about her divorce...

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