Carr v. Hancock, No. 31752.

CourtSupreme Court of West Virginia
Writing for the CourtSTARCHER, J.
Citation607 S.E.2d 803,216 W.Va. 474
PartiesGeorge E. CARR, Sr., Plaintiff Below, Appellant, v. Dottie L. (Carr) HANCOCK, Defendant Below, Appellee.
Decision Date03 December 2004
Docket NumberNo. 31752.

607 S.E.2d 803
216 W.Va.
474

George E. CARR, Sr., Plaintiff Below, Appellant,
v.
Dottie L. (Carr) HANCOCK, Defendant Below, Appellee

No. 31752.

Supreme Court of Appeals of West Virginia.

Submitted: September 28, 2004.

Filed: December 3, 2004.


607 S.E.2d 804
Beverly S. Selby, Esq., Charleston, for the Appellant

Arden J. Curry, Esq., Pauley, Curry, Sturgeon & Vanderford, PLLC, Charleston, for the Appellee.

STARCHER, J.

In this appeal from the Circuit Court of Kanawha County, we are asked by the appellant to review a family court's order in a divorce action that distributes certain marital property of the parties, which requires the appellant to pay spousal support to the appellee, and which requires the appellant to pay a portion of the appellee's attorney's fees. The circuit court refused to consider a petition to review the family court's order.

After careful consideration of the court record, the briefs and arguments of the parties, and all relevant statutory and case law, we affirm the family court's order.

I.

Facts & Background

The appellant, George E. Carr, and the appellee, Dottie Hancock, were married in September 1992. Prior to the marriage, on September 16, 1992, the parties — who were middle-aged, had been married before, and who owned and operated modest businesses (Mr. Carr, a driveway construction business, Ms. Hancock, a floral shop) — entered into an antenuptial agreement intending to preserve their real and personal property owned prior to the marriage as separate property during the marriage. The 1992 agreement noted that each party had "personal or real property or both, in his or her own name," and stated that after the marriage, each party could continue to "own, operate, manage, sell, mortgage or otherwise dispose of their own property... as though they were not married." The agreement did not identify, list or describe any of the parties' property.

The parties separated on May 1, 1999, and the appellant filed an action seeking a divorce. The parties were later granted a divorce based upon irreconcilable differences. Several hearings were held before the family court concerning the equitable distribution of the parties' marital property, and a final order was entered on June 3, 2003.

The appellant petitioned the circuit court to review the family court's order; on July 24, 2003, the circuit court entered a one-page order refusing the appeal.

The appellant now appeals seeking a review of the family court's June 3, 2003 order.

II.

Standard of Review

We held in Syllabus Point 1 of May v. May, 214 W.Va. 394, 589 S.E.2d 536 (2003) that, "[i]n reviewing a final order of a family court judge that is appealed directly to this Court, we review findings of fact by a family court judge under the clearly erroneous standard, and the application of law to the facts

607 S.E.2d 805
under an abuse of discretion standard. We review questions of law de novo."

This Court's standard of review for an appeal from a circuit court that reviewed a family court's final order, or refused to consider a petition for appeal to review a family court's final order, is the same. In reviewing a final order entered by a circuit court judge upon a review of, or upon a refusal to review, a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly erroneous standard,...

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316 practice notes
  • Clifford v. Paul, No. 31855 (WV 6/17/2005), No. 31855
    • United States
    • Supreme Court of West Virginia
    • June 17, 2005
    ...and the application of law to the facts under an abuse of discretion standard. We review questions of law de novo. Syl., Carr v. Hancock, 216 W. Va. 474, 607 S.E.2d 803 (2004). See also Syl. pt. 2, Lucas v. Lucas, 215 W. Va. 1, 592 S.E.2d 646 (2003) ("In reviewing challenges to findings mad......
  • In re Clifford K., No. 31855.
    • United States
    • Supreme Court of West Virginia
    • August 8, 2005
    ...and the application of law to the facts under an abuse of discretion standard. We review questions of law de novo. Syl., Carr v. Hancock, 216 W.Va. 474, 607 S.E.2d 803 (2004). See also Syl. pt. 2, Lucas v. Lucas, 215 W.Va. 1, 592 S.E.2d 646 (2003) ("In reviewing challenges to findings made ......
  • Clifford v. Paul, No. 31855 (WV 6/17/2005), No. 31855
    • United States
    • Supreme Court of West Virginia
    • June 17, 2005
    ...and the application of law to the facts under an abuse of discretion standard. We review questions of law de novo. Syl., Carr v. Hancock, 216 W. Va. 474, 607 S.E.2d 803 (2004). See also Syl. pt. 2, Lucas v. Lucas, 215 W. Va. 1, 592 S.E.2d 646 (2003) ("In reviewing challenges to findings mad......
  • Arneault v. Arneault, No. 32865.
    • United States
    • Supreme Court of West Virginia
    • October 5, 2006
    ...application of law to the facts under an abuse of discretion standard. We review questions of law de novo.' Syllabus, Carr v. Hancock, 216 W.Va. 474, 607 S.E.2d 803 (2004)." Syllabus point 1, Staton v. Staton, 218 W.Va. 201, 624 S.E.2d 548 2. "Where the issue on an appeal from the circuit c......
  • Request a trial to view additional results
316 cases
  • Clifford v. Paul, No. 31855 (WV 6/17/2005), No. 31855
    • United States
    • Supreme Court of West Virginia
    • June 17, 2005
    ...and the application of law to the facts under an abuse of discretion standard. We review questions of law de novo. Syl., Carr v. Hancock, 216 W. Va. 474, 607 S.E.2d 803 (2004). See also Syl. pt. 2, Lucas v. Lucas, 215 W. Va. 1, 592 S.E.2d 646 (2003) ("In reviewing challenges to findings mad......
  • In re Clifford K., No. 31855.
    • United States
    • Supreme Court of West Virginia
    • August 8, 2005
    ...and the application of law to the facts under an abuse of discretion standard. We review questions of law de novo. Syl., Carr v. Hancock, 216 W.Va. 474, 607 S.E.2d 803 (2004). See also Syl. pt. 2, Lucas v. Lucas, 215 W.Va. 1, 592 S.E.2d 646 (2003) ("In reviewing challenges to findings made ......
  • Clifford v. Paul, No. 31855 (WV 6/17/2005), No. 31855
    • United States
    • Supreme Court of West Virginia
    • June 17, 2005
    ...and the application of law to the facts under an abuse of discretion standard. We review questions of law de novo. Syl., Carr v. Hancock, 216 W. Va. 474, 607 S.E.2d 803 (2004). See also Syl. pt. 2, Lucas v. Lucas, 215 W. Va. 1, 592 S.E.2d 646 (2003) ("In reviewing challenges to findings mad......
  • Arneault v. Arneault, No. 32865.
    • United States
    • Supreme Court of West Virginia
    • October 5, 2006
    ...application of law to the facts under an abuse of discretion standard. We review questions of law de novo.' Syllabus, Carr v. Hancock, 216 W.Va. 474, 607 S.E.2d 803 (2004)." Syllabus point 1, Staton v. Staton, 218 W.Va. 201, 624 S.E.2d 548 2. "Where the issue on an appeal from the circuit c......
  • Request a trial to view additional results

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