Sproles v. Sproles, 1999-CA-01502-SCT.

• Decision Date: 05 April 2001
• Docket Number: No. 1999-CA-01502-SCT.,1999-CA-01502-SCT.
• Citation: 782 So.2d 742
• Parties: Thomas Franklin SPROLES v. Teresa Mae SPROLES.
• Court: Mississippi Supreme Court

782 So.2d 742

Thomas Franklin SPROLES v. Teresa Mae SPROLES.

No. 1999-CA-01502-SCT.

Supreme Court of Mississippi.

April 5, 2001.

Orvis A. Shiyou, Jr., Attorney for Appellant.

Christopher M. Howdeshell, Hattiesburg, Attorney for Appellee.

Before BANKS, P.J., SMITH and MILLS, JJ.

SMITH, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. Thomas Franklin Sproles appeals from a chancery court judgment granting his wife, Teresa Mae Sproles, a divorce on the grounds of Thomas's habitual drunkenness and cruel and inhuman treatment but denying Thomas a divorce on the ground of adultery.

¶ 2. On July 23, 1997, Teresa Mae Sproles (hereinafter "Teresa") filed a Complaint for Divorce against Thomas Franklin Sproles (hereinafter "Thomas") in the Chancery Court of Lamar County, Mississippi. She alleged that she was entitled to a divorce on the grounds of cruel and inhuman treatment and habitual drunkenness or, alternatively, irreconcilable differences. Thomas filed an Answer and counterclaim denying the allegations of Teresa's complaint and alleged that he was entitled to a divorce on the grounds of adultery and cruel and inhuman treatment or alternatively, irreconcilable differences.

¶ 3. Teresa filed an answer to Thomas's counterclaim denying the relief sought by the Thomas.

¶ 4. The trial court rendered its judgment on November 3, 1998, granting a divorce to Teresa on the grounds of habitual drunkenness and cruel and inhuman treatment, but denied Thomas a divorce on the grounds of cruel and inhuman treatment and adultery. The trial court found marital assets totaling $134,333.51. The court awarded Teresa $53,733.20 from Thomas's retirement accounts; Thomas was awarded title to the marital home, two Sheltie dogs, and the 1968 Mustang. On August 6, 1999, the court entered an amendment of judgment, adjusting the value of the marital assets to $118,952.49 and awarding Teresa $46,180.00 from the marital assets. Thomas now appeals to this Court, arguing the chancery court erred by not granting him a divorce on the grounds of adultery, the division of the marital assets was inequitable, that an audio tape of a conversation between Thomas and Teresa should not have been admitted into evidence, and a divorce should not have been granted to Teresa without findings of fact. Finding no reversible error, we affirm.

STATEMENT OF THE FACTS

¶ 5. Thomas and Teresa were married on or about May 28, 1988, in Thomaston, Maine. They moved to Lamar County, Mississippi, and lived there as husband and wife until they separated on February 19, 1997. No children were born of the marriage. Teresa attended school during the first four years of her marriage and did not work. During that time, her father and Thomas paid the tuition. Thomas also paid for food, utilities, and made payments on their residence.

¶ 6. Purchased in 1992; the marital home was jointly owned by Thomas and Teresa. Also, in 1992, Teresa graduated and began working as a nurse at Methodist Hospital. Thomas clearly had total control of all the finances for the couple. According to the record, Teresa got all her money from Thomas, even though she had her own job. Indeed, most of Teresa's purchases were on a credit card monitored by Thomas. Teresa had no 401(k) or other retirement plan.

¶ 7. In 1991 or 1992, Thomas began drinking heavily. Teresa and her mother, Sheila Daniels, testified that Thomas regularly drank a case of beer at night. Furthermore, around the time Thomas's drinking increased, he became abusive towards his wife. Teresa testified, and Thomas admitted on cross-examination, that he pointed a firearm at her and threatened to kill her if she tried to leave. The record also reveals that Thomas, when intoxicated, was critical of Teresa's house-cleaning, eating habits, and would make accusations of her infidelity, even to the extent of pulling her pants down. He also made Teresa feel "less than human, degraded, and depressed" by telling her that she wasted more than she was worth. On the night before Teresa left the marital home, she came home from work and found no lights on in the house and the door duct-taped. Thomas confronted Teresa while intoxicated and accused her of infidelity.

¶ 8. The day after the duct-taped door incident, Teresa moved out of the marital home and moved into an apartment. Thomas continued to harass his Teresa. Both Teresa and her apartment neighbor, Rashel Willis, testified that Thomas came to the apartment on several occasions and beat on the door and threatened Teresa's life. Thomas admitted that he told Teresa on the phone, "You'll be coming back in a body bag." Thomas admitted in a letter to his wife that he was at fault in the separation. He said he was sorry for his drunkenness and its effects of it on their marriage.

¶ 9. Teresa admitted to having an extramarital affair about a year after the parties separated. There is also evidence in the record that Thomas was having an extramarital affair after he and his wife separated.

¶ 10. At trial, Teresa's attorney sought to introduce audio tapes of a conversation between Thomas and Teresa in order to impeach Thomas's testimony. The chancellor admitted the audio tapes of the telephone conversations "for whatever probative value it had," over Thomas's objections that the tapes had not been produced in discovery.

¶ 11. Aggrieved, the Thomas appeals to this Court and assigns the following issues as error:

I. WHETHER THE CHANCELLOR ERRED IN NOT GRANTING THOMAS A DIVORCE ON THE GROUNDS OF ADULTERY?

II. WHETHER THE CHANCELLOR MADE AN EQUITABLE DIVISION OF MARITAL ASSETS?

III. WHETHER THE CHANCELLOR ERRED IN ADMITTING CERTAIN AUDIO TAPED EVIDENCE AT TRIAL?

IV. WHETHER THE CHANCELLOR ERRED IN GRANTING A DIVORCE TO THE TERESA ON THE GROUNDS OF HABITUAL DRUNKENNESS AND CRUEL

AND INHUMAN TREATMENT WITHOUT A FINDING OF FACT?

STANDARD OF REVIEW

¶ 12. This Court has repeatedly stated that it will examine the record and accept the evidence reasonably tending to support the findings made below, along with all reasonable inferences which may be drawn therefrom and which favor the trial court's finding of fact. In re Estate of Taylor, 609 So.2d 390, 392 (Miss.1992); Williams v. Evans, 547 So.2d 54, 58 (Miss. 1989); Clark v. Myrick, 523 So.2d 79, 81 (Miss.1988). The chancery court sitting as the trier of fact has the primary authority and responsibility to assess the credibility of witnesses. Bryan v. Holzer, 589 So.2d 648, 659 (Miss.1991). Moreover, where we find substantial evidence in the record supporting the findings of fact, we will seldom reverse, whether those findings be of ultimate fact or evidentiary fact. Mullins v. Ratcliff, 515 So.2d 1183, 1189 (Miss.1987). Put another way, unless the chancellor's determination of fact in a divorce case is manifestly wrong, this Court will uphold the chancellor's decision. See Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986).

¶ 13. As this Court has stated in previous decisions, these standards are general and elusive of precise meaning and application, and this Court has struggled to articulate precisely what is meant. See Taylor, 609 So.2d at 392. This Court has held that the findings of a chancellor are upheld unless those findings are clearly erroneous or an erroneous legal standard was applied. Hill v. Southeastern Floor Covering Co., 596 So.2d 874, 877 (Miss. 1992). Furthermore, this Court has held that a finding of fact is "clearly erroneous" when "although there is evidence to support it, the reviewing court on the entire evidence is left with a definite and firm conviction that a mistake has been made." Taylor, 609 So.2d at 392 (quoting UHS-Qualicare v. Gulf Coast Community Hosp'l, Inc., 525 So.2d 746, 754 (Miss. 1987)).

DISCUSSION

I. WHETHER THE CHANCELLOR ERRED IN NOT GRANTING THE THOMAS A DIVORCE ON THE GROUNDS OF ADULTERY?

¶ 14. Thomas contends that he should have been awarded a divorce from Teresa on the ground of adultery. He argues that Teresa admitted under oath that she had sexual intercourse with a physician at the hospital where she was employed as a nurse, when she and Thomas were separated. Furthermore, he alleges that the chancellor committed reversible error by allowing the physician not to testify and corroborate Teresa. Teresa argues that it was not error for the chancellor to grant her a divorce on the grounds of habitual drunkenness and cruel and inhuman treatment because there was more than sufficient evidence presented to the chancellor to support this ruling. Also, Teresa denies that Thomas should be awarded a divorce on the ground of adultery.

¶ 15. The lack of corroboration issue can easily be dismissed. It would be illogical and unnecessary to require corroboration that is admitted by a party on the witness stand. Furthermore, the chancellor did not commit reversible error when granting divorce to Teresa on the grounds of habitual drunkenness and cruel and inhuman treatment.

¶ 16. As previously stated, in a domestic case, the chancellor's findings will not be reversed unless manifestly wrong, clearly erroneous, or the proper legal standard was not applied. McKee v. Flynt, 630 So.2d 44, 47 (Miss.1993); Bland v. Bland, 620 So.2d 543, 544 (Miss.1993). Where there is conflicting testimony, the chancellor, as the trier of fact, is the judge of "the credibility of the witnesses and the weight of their testimony, as well as the interpretation of evidence where it is capable of more than one reasonable interpretation." McKee, 630 So.2d at 47 (quoting Rainey v. Rainey, 205 So.2d 514, 515 (Miss.1967)). A charge of habitual cruel and inhuman treatment may be sustained by a preponderance of the evidence; however, something more than unkindness, rudeness, mere incompatibility, or want of affection must be shown to sustain the charge. Smith v. Smith, 614 So.2d 394, 396 (Miss.1993). Moreover, there must be some causal connection between habitual cruel and inhuman treatment and the parties' separation to sustain the...