Osborne v. Osborne, No. 2014–CA–01517–COA.

CourtCourt of Appeals of Mississippi
Writing for the CourtGREENLEE, J., for the Court
Parties Nalonnie Moore OSBORNE, Appellant v. Leslie OSBORNE, Appellee.
Docket NumberNo. 2014–CA–01517–COA.
Decision Date28 June 2016

202 So.3d 639

Nalonnie Moore OSBORNE, Appellant
v.
Leslie OSBORNE, Appellee.

No. 2014–CA–01517–COA.

Court of Appeals of Mississippi.

June 28, 2016.
Rehearing Denied Nov. 1, 2016.


202 So.3d 639

Thomas Wright Teel, Biloxi, attorney for appellant.

Gary L. Roberts, attorney for appellee.

Before IRVING, P.J., BARNES and GREENLEE, JJ.

202 So.3d 640

GREENLEE, J., for the Court:

¶ 1. Nalonnie (“Lonnie”) Osborne appeals from the Jackson County Chancery Court's dismissal of her complaint for divorce. After an evidentiary hearing on the merits, the chancellor determined that Lonnie had failed to prove the ground of habitual cruel and inhuman treatment. We affirm the chancellor's judgment.

FACTS AND PROCEEDINGS BELOW

¶ 2. Leslie (“Les”) and Lonnie Osborne were married in June 1999 in Las Vegas, Nevada. No children were born of the marriage. The couple separated in January 2012. Upon separation, Les stayed at the marital home in Pascagoula, Mississippi, and Lonnie moved back into a house she owned predating the marriage in Gautier, Mississippi.

¶ 3. Lonnie filed a complaint for divorce in 2012 on the ground of irreconcilable differences, and later amended the complaint to include the ground of habitual cruel and inhuman treatment. The chancellor held an evidentiary hearing on February 26, 2014, concerning solely whether Lonnie had grounds for divorce. Les did not file a counterclaim alleging fault. He did not present any witnesses at the hearing. In support of Lonnie's case, the court heard the testimony of Les (called as an adverse witness), Lonnie, and the couple's coworkers and friends Joe Chapman and Rita Westwood.

¶ 4. Lonnie asserted that, during the marriage, Les was uncommunicative, controlling, and belittling. She did not assert that he was physically abusive. Trouble in the marriage developed early when Les became “obsessed” with the project of rebuilding his Pascagoula house that had been destroyed in Hurricane George. Lonnie was unhappy with Les's unwillingness to spend time with her or to schedule family vacations. The project took three years, and due to the rift created by lack of time spent together, Lonnie continued to live in the Gautier house for an additional year before moving into the Pascagoula home.

¶ 5. Both parties worked at Chevron. After Les lost his job, the couple began a side business of flipping and renting houses, as well as a charter-boat business. Les eventually took a job that required him to travel away from home four to six months a year. Lonnie was offended when Les would refuse to call or take her calls for days at a time when he was on the road. Les refused to give Lonnie compliments or to verbally acknowledge her hard work and contributions to their life. When she expressed concerns over the behavior of Les's son who would occasionally live with them, Les would get angry and respond, “if you don't like it, you can leave.” Lonnie “felt like that was like the lowest disrespect you could have for a spouse.”

¶ 6. Lonnie asserted that Les's controlling and belittling behaviors centered frequently around financial matters. He would refuse to give her cash to buy groceries because he “might not like what food she bought.” Les once refused to give Lonnie $2 to buy a fan at a hot event, and was angry when their friend Rita gave Lonnie the $2 because he felt that it underminded his authority. He refused to let Lonnie sign Christmas gifts as being from both of them if she had not paid for the gift. Les would always refer to the couple's rental properties as “his,” whereas Lonnie would refer to them as “ours.”

¶ 7. Les performed voluntary hurricane repairs in the community but told Lonnie he would only do repairs at her...

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6 practice notes
  • Wangler v. Wangler, NO. 2018-CA-01632-SCT
    • United States
    • Mississippi Supreme Court
    • March 12, 2020
    ...it impossible for that spouse to discharge the duties of marriage, thus destroying the basis for its continuance. Osborne v. Osborne , 202 So. 3d 639, 641 (Miss. Ct. App. 2016) (citing Richard v. Richard , 711 So. 2d 884, 889 (Miss. 1998) ). Additionally,Spousal domestic abuse may be establ......
  • Rankin v. Rankin, 2019-CT-00238-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 12, 2021
    ...basis for its continuance. Wangler v. Wangler , 294 So. 3d 1138, 1143 (Miss. 2020) (alteration in original) (quoting Osborne v. Osborne , 202 So. 3d 639, 641 (Miss. Ct. App. 2016) ). "Divorces based upon habitual cruel and inhuman treatment are necessarily fact-intensive and require a case-......
  • Rankin v. Rankin, 2019-CT-00238-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 12, 2021
    ...basis for its continuance. Wangler v. Wangler, 294 So.3d 1138, 1143 (Miss. 2020) (alteration in original) (quoting Osborne v. Osborne, 202 So.3d 639, 641 (Miss. Ct. App. 2016)). "Divorces based upon habitual cruel and inhuman treatment are necessarily fact-intensive and require a case-by-ca......
  • Kerr v. Kerr, 2019-CA-00609-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • April 15, 2021
    ...thus destroying the basis for its continuance. Wangler , 294 So. 3d at 1142-43 (alteration in original) (quoting Osborne v. Osborne , 202 So. 3d 639, 641 (Miss. Ct. App. 2016) ). "[T]he offended spouse must show a causal connection between the offending spouse's conduct and the impact on th......
  • Request a trial to view additional results
6 cases
  • Wangler v. Wangler, NO. 2018-CA-01632-SCT
    • United States
    • Mississippi Supreme Court
    • March 12, 2020
    ...it impossible for that spouse to discharge the duties of marriage, thus destroying the basis for its continuance. Osborne v. Osborne , 202 So. 3d 639, 641 (Miss. Ct. App. 2016) (citing Richard v. Richard , 711 So. 2d 884, 889 (Miss. 1998) ). Additionally,Spousal domestic abuse may be establ......
  • Rankin v. Rankin, 2019-CT-00238-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 12, 2021
    ...basis for its continuance. Wangler v. Wangler , 294 So. 3d 1138, 1143 (Miss. 2020) (alteration in original) (quoting Osborne v. Osborne , 202 So. 3d 639, 641 (Miss. Ct. App. 2016) ). "Divorces based upon habitual cruel and inhuman treatment are necessarily fact-intensive and require a case-......
  • Rankin v. Rankin, 2019-CT-00238-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • August 12, 2021
    ...basis for its continuance. Wangler v. Wangler, 294 So.3d 1138, 1143 (Miss. 2020) (alteration in original) (quoting Osborne v. Osborne, 202 So.3d 639, 641 (Miss. Ct. App. 2016)). "Divorces based upon habitual cruel and inhuman treatment are necessarily fact-intensive and require a case-by-ca......
  • Kerr v. Kerr, 2019-CA-00609-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • April 15, 2021
    ...thus destroying the basis for its continuance. Wangler , 294 So. 3d at 1142-43 (alteration in original) (quoting Osborne v. Osborne , 202 So. 3d 639, 641 (Miss. Ct. App. 2016) ). "[T]he offended spouse must show a causal connection between the offending spouse's conduct and the impact on th......
  • Request a trial to view additional results

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