Pucylowski v. Pucylowski, 98-CA-00089-COA.

• Court: Court of Appeals of Mississippi
• Writing for the Court: BEFORE McMILLIN, C.J., IRVING, AND PAYNE, JJ.
• Citation: 741 So.2d 998
• Parties: John Franklin PUCYLOWSKI, J.F.P. & Co., Inc. and HR Development, Inc., Appellants, v. Judith Polk PUCYLOWSKI, Appellee.
• Docket Number: No. 98-CA-00089-COA.,98-CA-00089-COA.
• Decision Date: 22 June 1999

741 So.2d 998

John Franklin PUCYLOWSKI, J.F.P. & Co., Inc. and HR Development, Inc., Appellants,
v.
Judith Polk PUCYLOWSKI, Appellee

No. 98-CA-00089-COA.

Court of Appeals of Mississippi.

June 22, 1999.

Fred W. Johnson, Jr., Jackson, Attorney for Appellant.

B. Ruth Johnson, Jackson, Attorney for Appellee.

BEFORE McMILLIN, C.J., IRVING, AND PAYNE, JJ.

McMILLIN, C.J., for the Court:

¶ 1. This case comes before the Court as an appeal by John Pucylowski from a decision of the Chancery Court of Hinds County dissolving his marriage to Judith Pucylowski, making an equitable division of certain marital assets and awarding Mrs. Pucylowski lump sum alimony. Mr. Pucylowski complains that the chancellor

741 So.2d 999

erred in denying his own claim for divorce arising out of the cruel and inhuman manner in which Mrs. Pucylowski had treated him during the marriage. He also urges that the chancellor erred in making an equitable division of marital assets and lump sum alimony award without first making those determinations of value of the assets that would necessarily precede awards of that nature. We determine that Mr. Pucylowski's first issue is without merit. However, finding merit in his second issue, we reverse and remand for further proceedings

I.

Facts

¶ 2. These parties began their marriage in 1968 when they were both under twenty-one years of age. There is no indication that either brought any resources to the marriage beyond an apparent inclination toward hard work shared by both of them. Though they both began their careers as employees in the public sector, an early profitable side venture into building and selling what is known in the industry as a "spec house" led the couple into the field of land development and residential property construction. This field of endeavor proved fruitful for the couple and they prospered financially, enjoying a good income and many of the luxuries of life including a nice home, nice vehicles, and extensive travel. Despite their lifestyle, however, their financial efforts were successful to the extent that they were able to accumulate substantial investment assets that consisted primarily of interests in land development projects owned solely in Mr. Pucylowski's name.

¶ 3. Their personal relations, however, did not prosper to the same degree as their financial efforts and, in the mid-1990's their marriage began to deteriorate. Mr. Pucylowski finally left the marital domicile in April 1996, moving to an apartment that he had rented a month prior to his departure. Subsequent investigation revealed that Mr. Pucylowski had become romantically involved with Laura Prince, who had been recently widowed. Mr. and Mrs. Prince had also been in the residential construction business and had become friends to the Pucylowskis, and Mr. Pucylowski had been spending time with Mrs. Prince helping her maintain her business after the untimely death of her husband in an automobile accident. Private investigators retained by Mrs. Pucylowski after the separation observed Mrs. Prince frequenting Mr. Pucylowski's apartment and it was determined that she had her own key to the premises. Both Mr. Pucylowski and Mrs. Prince admitted that they had begun an adulterous relationship but they insisted that it had not begun until after Mr. Pucylowski had moved out of the home.

¶ 4. By way of his counterclaim, Mr. Pucylowski presented evidence that his wife was given to fits of rage against him where she would berate him in public and threaten to kill him or emasculate him. He also presented letters where Mrs. Pucylowski ridiculed his religious beliefs and accused him of belonging to a religious cult. He claimed that she constantly threatened to leave him and that she had opened a separate bank account which she mockingly called her "Leaving Frank Account." Mr. Pucylowski testified that her behavior made it difficult for him to sleep.

¶ 5. Prior to the separation, the couple had worked together in the home construction business, using the corporate form of operation. The corporation was known as J.F.P. After the separation, Mr. Pucylowski ceased any efforts in that corporation and, instead, began working in a residential construction business known as Team Builders, which was formed after the separation and was owned solely by Mr. Pucylowski's elderly mother. Several other key employees of J.F.P. also went to work for Team Builders. Though Mr. Pucylowski acts as president of the corporation, he testified that his sole remuneration from the corporation consisted of a salary of $1,500 per month. Mrs. Pucylowski had

741 So.2d 1000

not found other suitable employment at the time of trial. She had worked at several positions through a temporary employment agency, but had depleted a substantial amount of existing assets to meet her living expenses after the separation

¶ 6. The principal assets of the parties consisted of J.F.P., the largely moribund corporation formerly operated by the couple; the marital domicile; Mrs. Pucylowski's jewelry; various vehicles; retirement accounts; and various corporate interests held...