Cannon v. Cannon

• Docket Number: 2022-CA-00410-COA
• Decision Date: 28 November 2023
• Parties: CHRISTA STAPLES CANNON APPELLANT v. CHRISTOPHER CANNON APPELLEE
• Court: Mississippi Court of Appeals

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CHRISTA STAPLES CANNON APPELLANT
v.
CHRISTOPHER CANNON APPELLEE

No. 2022-CA-00410-COA

Court of Appeals of Mississippi

November 28, 2023

DATE OF JUDGMENT: 12/15/2021

LAMAR COUNTY CHANCERY COURT TRIAL JUDGE: HON. RHEA HUDSON SHELDON

ATTORNEY FOR APPELLANT: RISHER GRANTHAM CAVES

ATTORNEY FOR APPELLEE: MICHAEL V. RATLIFF

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

WESTBROOKS, J.

¶1. On December 15, 2021, the Lamar County Chancery Court entered a judgment granting a divorce to Christopher Cannon on the ground of cruel and inhuman treatment. Christa Cannon appeals (1) the grant of divorce on this ground, (2) the chancery court's determination that Christopher's real estate business was a separate, non-marital asset, and (3) the chancery court's failure to trace any funds that Christa contributed to the purchase and renovation of the marital home. We find no error in the chancery court's decision regarding issues one and three; however, the chancery court erred when finding that the real estate business was a separate, non-marital asset. Therefore, we affirm in part and reverse and remand in part.

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FACTS AND PROCEDURAL HISTORY

I. Background

¶2. Christopher and Christa were married on April 17, 2018, and separated on or about April 1, 2020. This was the second marriage for both parties. Christopher had three children from a prior marriage: Connor, Charles, and Carly.^[1] The couple produced no children from their union.

¶3. On October 2, 2020, Christopher filed his complaint for divorce against Christa, alleging habitual cruel and inhuman treatment. In response, Christa filed a letter with the chancery court expressing that she would be representing herself and that she did not consent to a divorce due to religious reasons. The clerk labeled this letter as Christa's response on the docket. On May 10, 2021, before a trial could commence, Christopher filed a motion for a citation of contempt, for an accounting, and for the payment of funds. He alleged that Christa had kept all the money received from the couple's 2019 tax refund that was deposited in the couple's joint banking account, as well as COVID-19 relief funds meant for Christopher and his three children. The motion was not set for a hearing but was addressed during trial.

II. Trial

A. Christopher Cannon's Testimony

¶4. On October 13, 2021, the chancery court commenced a trial on the merits. At the trial,

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Christopher testified that he was a real estate broker and that he owned his own business buying and selling real estate. He testified that his business had been established in 2013, five years before his marriage to Christa. Shortly after the marriage, Christopher quit his job to pursue his business full-time.

¶5. During his cross-examination by Christa, Christopher testified about an investment property called "Emerson" that he had bought and sold. According to his testimony, the couple agreed to purchase Emerson as an investment property using the income from Christopher's business. A subsequent loan was taken out on the property in both parties' names. When the investment property was sold, Christa and Christopher split the proceeds.

¶6. When Christopher and Christa met, they each owned a home. Christopher testified that the couple first moved into Christa's home, along with the children. They intended to sell her home and buy a more spacious house so that the children could each have his or her own room. The new home was purchased under Christa's name alone so that Christopher could keep his "credit available to do [his] business." The new house, located on Madison Place in Hattiesburg, was purchased with a "bridge loan,"^[2] which utilized a portion of the equity from Christa's home (where the family lived). Christopher's testimony indicated that the proceeds from the sale of Christa's home were also used for renovations of the new home at Madison Place.

¶7. The parties undertook extensive renovations to the marital home. Christopher testified

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that although the parties agreed to spend approximately $35,000 to $45,000 on renovations, Christa unilaterally decided that the couple would incur an additional $100,000 in renovation costs. Christopher provided the court with some documentation of expenses he incurred on his credit cards for the renovations, which totaled between $20,000 and $25,000 in renovation materials. Christopher testified that the renovations "created an immense amount of stress." The family was required to move into the house before the renovations were complete so that the children could start school in August. After the couple separated, Christa continued to live at the marital home. Christopher requested the chancery court to order that the Madison Place home be sold and that the couple split the proceeds.

¶8. Christopher also testified that before his marriage to Christa, he had a close relationship with his children. He and his ex-wife shared custody of the children on an alternating weekly schedule. Each parent had custody of the children on Monday, Tuesday, Friday, Saturday, and Sunday on alternating weeks. Christopher and his ex-wife had a "great relationship" and had gotten "to a point of really good co-parenting." After his marriage to Christa, though, the close relationship with his children began to break down due to the "toxic" and tension-filled environment Christa allegedly created. His ability to co-parent with his ex-wife suffered as well due to Christa's alleged mistreatment of his children.

¶9. Christopher testified that Christa "verbalized" to him that she "hated" his children, and she did so at a time when his children were present in the home. He testified that Christa's unreasonable rules in the home made everyone uncomfortable. He also testified that Christa publicly embarrassed the children at gatherings, cursed at him in front of his

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children, made derogatory remarks about his children, and intentionally interfered in his one-on-one time with his daughter.

¶10. Christopher testified that Christa would become angry over small matters. Specific examples include when Charles, Christopher's twelve-year-old son, forgot his coat at his mother's house. In that instance, Christa forced Charles to wait on the bus in "30 to 40 degree[]" temperatures with no coat even though he had a jacket available to him at Christopher's house. Charles had no coat for the entire day. Christopher also testified that Christa yelled at Charles at a gathering of family and friends in a way that embarrassed him and "made everyone uncomfortable." And Christopher testified that Christa repeatedly called Connor "lazy" even though Connor was a high-achieving high-school student with a part-time job. Christopher stated Christa once prohibited Connor from coming over to the house to wash clothes (without Christopher's knowledge), which impacted his relationship with his eldest son.

¶11. Christopher's testimony reflects that his youngest child Carly was most affected by Christa's conduct. Christopher testified that Christa "constantly harped on [Carly]" about her weight and eating habits. Christopher testified about a particular incident when Carly had poured some cereal into a bowl for breakfast. Christa scooped some of the cereal out of the bowl and back into the box and told Carly "that was way too much" and that she "would never lose weight eating that much." After that incident, Christopher testified that Carly was "devastated" and crying uncontrollably at school. She was sent to the school counselor, who called Carly's mother regarding Carly's distress. According to Christopher, Carly was so

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stressed by his home environment that she "developed a problem with pulling her eyelashes and eyebrows out"-a problem she did not have before Christopher and Christa were married.

¶12. According to Christopher, his relationship with his children has been severely damaged. He stated that the children began to avoid going to their father's home. They also chose to avoid long-established annual family events with their father. Christopher stated that although the relationship with his children had improved since his separation from Christa, it had not yet been repaired. Finally, Christopher testified that the tension and stress from the marriage and the disconnect from his children had given him high blood pressure, which he was being treated for. He stated that Christa's treatment of his children left him unable to function as a husband to Christa in the marriage and perform the duties a marriage required.

B. Corroborating Witnesses

¶13. Bryan Woods testified on Christopher's behalf. Bryan was the brother-in-law of Christopher's ex-wife. Bryan confirmed that Christopher had a good relationship with his ex-wife and children before his relationship with Christa. He also witnessed Christa constantly critiquing Carly about her calorie intake and weight. He mentioned a specific visit to a restaurant where Christa told Carly in front of everyone that "she couldn't eat certain things because of her weight." At the time, Carly was around eight years old. Bryan stated that these comments would "depress [Carly]." He corroborated that Christa's behavior drove a wedge between Christopher and his children. Bryan stated that because Christa "treated

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them bad[,] . . . they didn't want to be around her [or] have anything to do with her." He noted Christopher's behavior and demeanor had changed, and Christopher appeared to be depressed and "not in good shape."

¶14. Christopher's eldest son, Connor, testified in support of his father. Connor repeated that Christopher had a good relationship with the children and their mother before his marriage with Christa. He also corroborated that Christa's frequent commentary on Carly's eating habits and weight "destroyed any self-confidence that my sister had [in] herself." Connor listed many incidents when...