Speights v. Speights
| Decision Date | 18 September 2018 |
| Docket Number | NO. 2016-CA-01691-COA,2016-CA-01691-COA |
| Parties | Edward William SPEIGHTS III, Appellant v. Kimberly Daniels SPEIGHTS, Appellee |
| Court | Mississippi Court of Appeals |
¶ 1. Edward Speights ("Trey") appeals the judgment of the Chancery Court of Jefferson Davis County, which granted Kimberly Speights a divorce on the ground of habitual drunkenness and divided the marital property. On appeal, Trey claims the chancery court erred in failing to make findings of fact and conclusions of law on the divorce, as well as allowing Trey's parents "to act as his de facto attorneys" for the division of marital assets at trial, when Trey failed to appear. Trey also argues the chancery court erred in failing to order the parties to submit a Uniform Chancery Court Rule 8.05 financial disclosure form. Regarding the property division, Trey contends the chancery court failed to make a distinction between marital and non-marital property, and failed to support its decision with findings of fact under the Ferguson1 factors.
¶ 2. We affirm the grant of divorce on the ground of habitual drunkenness. We also find no error in the role of Trey's parents at the trial. However, we reverse and remand on the issue of property division, in order for the chancery court to make findings of fact under Ferguson , and for the parties to file Rule 8.05 financial disclosure forms to assist and support the chancellor in making those findings.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
¶ 3. Kimberly and Trey married in 2004 and separated in December 2015. No children were born of the marriage. In January 2016, Kimberly filed for divorce from Trey on the grounds of habitual cruel and inhuman treatment, excessive drug use, habitual drunkenness, or, alternatively, irreconcilable differences. Kimberly requested Trey continue to be restrained from threatening and harassing her under an order similar to an already-issued Justice Court Domestic Abuse Protective Order. The complaint was properly served on Trey on January 21, 2016, along with a Mississippi Rule of Civil Procedure 81 summons to appear at the hearing on February 3, 2016.
¶ 4. On that date, the trial was continued until March 2, 2016. The protection order was extended as well. On February 19, 2016, Trey answered the complaint through counsel. The March 2 trial was continued again. On June 28, 2016, another summons was issued for Trey to appear at the trial, which was reset for August 8, 2016. Trey was served with the summons on July 7, 2016. Trey's attorney moved to withdraw because Trey "failed to obey the requests of [his] attorney." The motion to withdraw was granted.
¶ 5. On August 8, 2016, an order was entered continuing the trial until September 21, 2016.2 Trey was properly served with a summons on September 11, 2016, but he failed to appear at the trial.3 Testifying at the trial on September 21 were Kimberly and Trey's parents. At the end of the witness's testimony, the chancellor granted Kimberly a divorce on the ground of habitual drunkenness without further comment.
¶ 6. On October 4, 2016, the judgment of divorce was entered, as well as a qualified-domestic-relations order (QDRO), dividing Trey's retirement benefits from his roofing business. The chancellor explained that he distributed the marital property based upon lists presented to the court as exhibits that were signed by Trey's parents,4 but the record is void of analysis of the Ferguson factors. Kimberly was awarded $52,500 of Trey's employee pension plan. Trey was also ordered to pay $17,259.87 in credit-card debt and permanently restrained from having any contact with Kimberly.
¶ 7. On October 24, 2016, an appearance form was entered for Trey's new attorney, along with a motion for an extension to appeal and relief under Mississippi Rule of Civil Procedure 59. The extension was granted, and Trey timely filed his notice of appeal.
STANDARD OF REVIEW
¶ 8. The scope of review in domestic cases is limited to the substantial evidence rule. Jundoosing v. Jundoosing , 826 So.2d 85, 88 (¶ 10) (Miss. 2002). The findings of the chancellor will be upheld unless those findings were manifestly wrong or clearly erroneous. Id. However, this Court will not hesitate to reverse if the chancellor's decision is manifestly wrong, or the court applied an erroneous legal standard. Owen v. Owen , 928 So.2d 156, 160 (¶ 11) (Miss. 2006).
ANALYSIS
I. Divorce Based upon Habitual Drunkenness
¶ 9. Trey claims the chancery court erred in granting Kimberly a divorce on the ground of habitual drunkenness because the chancellor did not make specific findings of fact and conclusions of law. He also argues that Kimberly did not meet her burden of proving habitual drunkenness.
¶ 10. Habitual drunkenness is a fault-based ground for divorce provided by Mississippi Code Annotated section 93-5-1 (Rev. 2013). Similar to the ground of excessive drug use, to receive a divorce, the "plaintiff should prove that the defendant was habitually, or frequently, drunk, that the drinking adversely affected the marriage, and that the habit continued at the time of the divorce trial." Deborah H. Bell, Bell on Mississippi Family Law § 4.02[6] (2005); see Sproles v. Sproles , 782 So.2d 742, 747-48 (¶ 20) (Miss. 2001). The chancery court sits as the trier of fact and "has the primary authority and responsibility to assess the credibility of the witnesses." Sproles , 782 So.2d at 746 (¶ 12).
¶ 11. Although not specifically raised as a point of error by Trey, there was no error in the chancellor's proceeding with the trial in Trey's absence because Trey had been properly served with notice. Kimberly was still required, however, to prove the alleged ground, even in the absence of a defense by Trey. See Turner v. Turner , 73 So.3d 576, 583 (¶ 30) (Miss. Ct. App. 2011) (citing Lindsey v. Lindsey , 818 So.2d 1191, 1194 (¶ 13) (Miss. 2002) ). "If that is done, the chancellor has authority to grant the divorce despite the absence of the defendant." Carlisle v. Carlisle , 11 So.3d 142, 145 (¶ 12) (Miss. Ct. App. 2009) (quoting Stinson v. Stinson , 738 So.2d 1259, 1263 (¶ 15) (Miss. Ct. App. 1999) ).
¶ 12. Although Trey is correct that the chancellor failed to make specific findings of fact or conclusions of law regarding the grant of divorce based on habitual drunkenness, we do not find error. Trey failed to make any motion or complaint before the chancery court raising this issue. "A divorce judgment entered when a party fails to appear is ‘a special kind of default judgment.’ " Lee v. Lee , 78 So.3d 326, 328 (¶ 7) (Miss. 2012) (quoting Mayoza v. Mayoza , 526 So.2d 547, 548 (Miss. 1988) ). In order to obtain relief from such a judgment, absent parties must raise any requests or objections in a post-trial motion under Mississippi Rule of Civil Procedure 52, 59, or 60. Id. Although the "absent party" in Lee did not even file an answer, as Trey did, the same principles apply. Trey could have filed a motion to make or amend findings of fact under Mississippi Rule of Civil Procedure 52 and Mississippi Rule of Chancery Court 4.01, but he failed to do so. Further, Trey did not file a Rule 59 motion for a new trial or to alter or amend the judgment, or a Rule 60 motion for relief from judgment under the Mississippi Rules of Civil Procedure. The record is void of any attempt by Trey before, during, or after the judgment of divorce to request findings of fact regarding the grounds for divorce. Accordingly, we cannot find the chancery court erred in failing to make such findings when Trey did not request them.5
¶ 13. Although the chancellor made no specific findings of fact, there was sufficient evidence provided at the trial in the form of testimony from Kimberly and Trey's parents to prove habitual drunkenness. Kimberly testified that during the last year of their marriage, while they were living in Boca Raton, Florida, Trey was drinking "a lot." She also related times when Trey discontinued drinking and had severe alcohol withdrawal symptoms, such as seizures and tremors. During one drinking-related incident in March 2015, Trey threw Kimberly against a wall and threatened to kill her and the dog, but she ran to the neighbors' home and spent the night. During another incident, Trey had a wreck and was charged with "enhanced DUI." After the wreck he could not find his vehicle and did not even know the county in which the incident occurred. After using Kimberly's vehicle to search for his truck, Trey came home drunk, carrying a bottle of vodka behind his arms. During this period, Kimberly described him as "out of control." She and a friend tried to "get him some help." They took him to a physician who told Trey "he needed to go to rehab"; however, Trey continued to drink. Kimberly left him when he became verbally and physically abusive.
¶ 14. Kimberly testified that Trey's parents and uncle attempted an intervention in Florida, but "it did not go well." Another time, Kimberly and her best friend arranged for Trey to attend a rehabilitation and detoxification facility. Trey agreed to go, but then he refused to stay. He called a taxi-cab and stopped by a liquor store on the way home. Trey agreed to return but again did not stay. He came home drunk, telling Kimberly he bought a car on her credit card. He never returned to rehab, and his parents brought him home to Mississippi from Florida.
¶ 15. Kimberly also moved back to Mississippi. She testified Trey continued to drink and take prescription narcotics. After he threatened to kill her, Kimberly obtained a protective order against him; however, Trey violated the order and was arrested. She described him during this time as "erratic and scary." Kimberly was able to testify that Trey was still drinking at the time of trial because recently he had been calling her friends in the early morning hours leaving incomprehensible messages.
¶ 16. Trey's father, ...
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