Sanderson v. Sanderson
| Decision Date | 22 August 2002 |
| Docket Number | No. 1999-CT-00915-SCT.,1999-CT-00915-SCT. |
| Citation | 824 So.2d 623 |
| Parties | Conchetta McNeer SANDERSON v. Robert Buck SANDERSON. |
| Court | Mississippi Supreme Court |
John Wincie Lee, Jr., Paul Richard Lambert, attorneys for appellant.
Wayman Dal Williamson, attorney for appellee.
EN BANC.
ON WRIT OF CERTIORARI
¶ 1. Robert Buck Sanderson and Conchetta McNeer Sanderson were granted a divorce on the ground of irreconcilable differences. The chancellor rendered a decision regarding property division, alimony and child support. Mrs. Sanderson was dissatisfied with the division of property and provisions for alimony, and filed an appeal. The case was assigned to the Court of Appeals, which reversed the alimony judgment and remanded that portion of the case to the Chancery Court of the Second Judicial District of Jones County for the determination of a suitable amount of alimony that would more completely address the financial needs of Mrs. Sanderson. After denial of his motion for rehearing, Mr. Sanderson filed a petition for writ of certiorari alleging that the Court of Appeals erred in reversing the alimony award. This Court granted certiorari and now affirms the Court of Appeals' decision.
¶ 2. The Sandersons were married in 1977. At the time of divorce, the parties had two minor children and were awarded joint custody. Physical custody of their daughter was awarded to Mrs. Sanderson, and custody of their son was awarded to Mr. Sanderson. From the standpoint of economics, the evidence indicated that the parties had led a comfortable, but not extravagant lifestyle, financed in part by Mr. Sanderson's earnings and in part by dividend income from Mr. Sanderson's holdings of Sanderson Farms, Inc. Mr. Sanderson had acquired his holdings in the corporation principally from family gifts, stock dividends and stock splits. The stock was publicly traded and, as of the time of the divorce, had a market value in the range of $4,000,000. Mr. Sanderson was employed by Sanderson Farms at the time of divorce, and there was evidence that, through salary and dividends, Mr. Sanderson could reasonably expect an annual income in excess of $100,000. ¶ 3. Mrs. Sanderson had ceased working outside the home during the lengthy marriage in order to devote herself to the rearing of the children. She had a college degree that would permit her to obtain employment as a school teacher, an area in which she had worked in the early years of the marriage. The evidence suggested that, if Mrs. Sanderson returned to the teaching force, she could expect to enjoy an annual income of approximately $22,000 from her endeavors.
¶ 4. The chancellor found, based on the evidence, that Mrs. Sanderson had gross earnings in 1977 of approximately $9,500 from dividends and interest gleaned from investments and an additional $2,500 from substitute teaching. She had inherited in excess of $150,000 in addition to a one-third interest in a farm valued at approximately $30,000. Her financial statement indicated that the inherited funds were in excess of $140,000, although she testified that they totaled approximately $120,000, and later testified, at the conclusion of the trial, that they were a little more than $100,000.
¶ 5. The parties owned a modest home valued at approximately $54,250, which was subject to an outstanding mortgage having a balance of about $30,000. There was no significant accumulation of other assets. Neither party had any funds in a retirement account or pension fund, except a small retirement account of several thousand dollars held by Mr. Sanderson. Mrs. Sanderson testified that the parties had intended to rely upon Mr. Sanderson's accumulated wealth in the form of his Sanderson Farms holdings to provide for their retirement, and that the size of his holdings rendered the need for formal retirement planning less urgent than in the normal case.
¶ 6. There was some conflict in the evidence regarding the state of Mrs. Sanderson's health. She offered medical evidence that due to a back ailment, it was not advisable for her to return to full-time school-teaching duties. However, Mr. Sanderson produced videotaped evidence of Mrs. Sanderson participating in a tennis tournament with no apparent difficulty, suggesting that her physical disabilities were not as grave as she contended. The chancellor determined that Mrs. Sanderson was not disabled due to her medical problems and that she could pursue a teaching career in order to provide at least some part of her own post-divorce support.
¶ 7. The chancellor also determined that Mr. Sanderson's holdings in Sanderson Farms were not marital assets subject to equitable division; therefore, he did not award Mrs. Sanderson any portion of the accumulated shares of this corporation. The chancellor awarded Mrs. Sanderson the marital house on the condition that she assume the balance due on the mortgage (alternatively, she was permitted to require Mr. Sanderson to purchase her interest in the property for $15,000 if she did not want to obtain title to the house on those terms), lump sum alimony in the amount of $200,000, and rehabilitative alimony of $1,500 per month for thirty-six months. There were other matters resolved, including automobile ownership, responsibility for certain outstanding financial obligations and the like, none of which bear significantly on the issue presented in the appeal or on writ of certiorari.
¶ 8. A chancellor's findings of fact will not be disturbed unless manifestly wrong or clearly erroneous. Consolidated Pipe & Supply Co. v. Colter, 735 So.2d 958, 961 (Miss.1999). "This Court will not disturb the findings of a chancellor when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Kilpatrick v. Kilpatrick, 732 So.2d 876, 880 (Miss.1999) (citations omitted).
¶ 9. Mr. Sanderson argues that the Court of Appeals misapplied the law in reversing the...
To continue reading
Request your trial
-
Bryant v. Bryant
...legal standard was applied." Id. (second alteration in original) (internal quotation marks omitted) (quoting Sanderson v. Sanderson , 824 So. 2d 623, 625-26 (Miss. 2002) ). The chancellor based her decision on testimony and evidence from both parents regarding the differences between the pu......
-
Long Meadow Homeowners' Ass'n, Inc. v. Harland
...abused his discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied.” Sanderson v. Sanderson, 824 So.2d 623, 625–26 (Miss.2002) (quoting Kilpatrick v. Kilpatrick, 732 So.2d 876, 880 (Miss.1999)). This standard does not apply to questions of law, which a......
-
Lowrey v. Lowrey
...¶ 26. "`A chancellor's findings of fact will not be disturbed unless manifestly wrong or clearly erroneous.'" Sanderson v. Sanderson, 824 So.2d 623, 625 (Miss.2002) (quoting Consol. Pipe & Supply Co. v. Colter, 735 So.2d 958, 961 (Miss. 1999)). "However, the Court will not hesitate to rever......
-
Estate of Johnson v. Johnson
...abused his or her discretion, was manifestly wrong, clearly erroneous, or an erroneous legal standard was applied. Sanderson v. Sanderson , 824 So.2d 623, 625–26 (Miss. 2002). Likewise, we will not reverse the chancellor's decision if his findings are considerably supported by evidence in t......