Benson v. Benson, No. 91-CA-0874
| Court | Mississippi Supreme Court |
| Writing for the Court | SULLIVAN |
| Citation | 608 So.2d 709 |
| Parties | Gary Wayne BENSON v. Patricia Boyd BENSON. |
| Docket Number | No. 91-CA-0874 |
| Decision Date | 12 November 1992 |
Page 709
v.
Patricia Boyd BENSON.
Page 710
James A. Becker, Jr., Susan Latham Steffey, Watkins & Eager, Jackson, for appellant.
Barry W. Gilmer, Gilmer Law Firm, Jackson, for appellee.
Before DAN M. LEE, P.J., and SULLIVAN and McRAE, JJ.
SULLIVAN, Justice, for the Court:
On May 31, 1990, Gary Wayne Benson sued Patricia Boyd Benson for divorce on the grounds of habitual cruel and inhuman treatment, constructive desertion, or on the alternative ground of irreconcilable differences. Patricia counterclaimed and sought a divorce on the grounds of habitual cruel and inhuman treatment, adultery, or irreconcilable differences. In the alternative, Patricia claims that she is entitled to separate maintenance.
At the close of Gary's case, Patricia moved for the court to dismiss his complaint and the motion was overruled.
After a five day trial, the chancellor denied both parties' requests for a divorce and awarded separate maintenance to Patricia.
Gary filed a motion for a new trial or, in the alternative, for the court to amend final judgment, and these motions were overruled.
On appeal, Gary assigns four errors:
1. It was error to deny Gary Benson a divorce on the grounds of constructive desertion or habitual cruel and inhuman treatment.
2. It was error to grant separate maintenance to Patricia Benson.
3. Even if granting separate maintenance was not error, the amount awarded was so excessive that it was an abuse of the trial court's discretion.
4. It was error to award attorney's fees to Patricia Benson.
I.
WAS IT ERRONEOUS AND AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE TO DENY GARY BENSON A DIVORCE ON THE GROUNDS OF CONSTRUCTIVE DESERTION OR HABITUAL CRUEL AND INHUMAN TREATMENT?
The standard of review for a denial of divorce in Mississippi is set forth in Chaffin v. Chaffin, 437 So.2d 384 (Miss.1983). The chancellor's decree of divorce
Page 711
will not be reversed unless it is manifestly wrong as to law or fact.In denying Gary a divorce on the grounds of habitual cruel and inhuman treatment the chancellor held that Gary must have been placed in fear of his life, health, safety or limb.
Gary also alleges that his wife was guilty of constructive desertion and that the chancellor applied the incorrect legal standard in denying him a divorce on this ground. Gary argues that the correct standard is whether he was compelled to leave his home by his wife's conduct and not his own fear for his life, health, safety or limb.
To define constructive desertion, Gary relies on Criswell v. Criswell, 254 Miss. 746, 750, 182 So.2d 587 (1966), for its holding that a spouse's refusal to accept an unconditional, good-faith effort to reconcile constitutes constructive desertion. When Gary tried to return home after his separation from Patricia, she responded, "you're not coming back in this house."
Gary also argues that Patricia did not have to commit physical violence against him to be guilty of habitual, cruel and inhuman treatment, and that habitual ill-founded accusations, threats, and malicious sarcasm, insults, and verbal abuse may cause such mental...
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Brooks v. Brooks, No. 92-CA-01197-SCT
...is insufficient. The record must reflect the requesting spouse's inability to pay his or her own attorney's fees. Benson v. Benson, 608 So.2d 709, 712 Jane contends that she has made the showing that is required to be made of her before an award of attorney's fees and costs of court are dee......
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Dorman v. Dorman, No. 98-CA-00258-COA.
...will not be disturbed on appeal absent our determination that the lower court was manifestly wrong as to law or fact. Benson v. Benson, 608 So.2d 709, 710 (Miss. 1992) (citing Chaffin v. Chaffin, 437 So.2d 384 (Miss.1983)). But, the chancellor's failure to articulate sufficiently specific f......
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Daigle v. Daigle, No. 92-CA-0562
...$7,000.00 at the time of the trial. The chancellor awarded Shannon $8,000.00 in attorney's fees, plus costs. In Benson v. Benson, 608 So.2d 709, 712 (Miss.1992), this Court held that the relative worth of the parties was considered in awarding attorney's fees, but reversed and rendered the ......
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Alford v. Alford, NO. 2017-CT-01075-SCT
...in Mississippi that if a party is financially able to pay an attorney, an award of attorney's fees is not appropriate. Benson v. Benson , 608 So. 2d 709, 712 (Miss. 1992) ; See Martin v. Martin , 566 So. 2d 704, 707 (Miss. 1990). Furthermore, if the record is insufficient to demonstrate the......
-
Brooks v. Brooks, No. 92-CA-01197-SCT
...is insufficient. The record must reflect the requesting spouse's inability to pay his or her own attorney's fees. Benson v. Benson, 608 So.2d 709, 712 Jane contends that she has made the showing that is required to be made of her before an award of attorney's fees and costs of court are dee......
-
Dorman v. Dorman, No. 98-CA-00258-COA.
...will not be disturbed on appeal absent our determination that the lower court was manifestly wrong as to law or fact. Benson v. Benson, 608 So.2d 709, 710 (Miss. 1992) (citing Chaffin v. Chaffin, 437 So.2d 384 (Miss.1983)). But, the chancellor's failure to articulate sufficiently specific f......
-
Daigle v. Daigle, No. 92-CA-0562
...$7,000.00 at the time of the trial. The chancellor awarded Shannon $8,000.00 in attorney's fees, plus costs. In Benson v. Benson, 608 So.2d 709, 712 (Miss.1992), this Court held that the relative worth of the parties was considered in awarding attorney's fees, but reversed and rendered the ......
-
Alford v. Alford, NO. 2017-CT-01075-SCT
...in Mississippi that if a party is financially able to pay an attorney, an award of attorney's fees is not appropriate. Benson v. Benson , 608 So. 2d 709, 712 (Miss. 1992) ; See Martin v. Martin , 566 So. 2d 704, 707 (Miss. 1990). Furthermore, if the record is insufficient to demonstrate the......