Strickland v. Strickland

• Citation: 650 S.E.2d 465
• Decision Date: 27 August 2007
• Docket Number: No. 26375.,26375.
• Court: United States State Supreme Court of South Carolina
• Parties: Carol S. STRICKLAND, Appellant/Respondent, v. Krom STRICKLAND, Respondent/Appellant.

650 S.E.2d 465

Carol S. STRICKLAND, Appellant/Respondent, v. Krom STRICKLAND, Respondent/Appellant.

No. 26375.

Supreme Court of South Carolina.

Heard May 1, 2007.

Decided August 27, 2007.

S. Bryan Doby, of Jennings & Jennings, of Bishopville, for Appellant/Respondent.

Paul M. Fata, of Stuckey, Fata & Segars, of Bishopville, for Respondent/Appellant.

Chief Justice TOAL.

This case began as an action to enforce an alimony award. The family court dismissed the claim finding it was barred by the doctrine of laches. We affirm, but modify the family court's decision and we additionally vacate a portion of the family court's decision.

FACTUAL/PROCEDURAL BACKGROUND

Upon the parties' divorce in April 1988, the family court awarded $1200 per month in permanent periodic alimony to Appellant/Respondent Carol Strickland ("Wife") to be paid by Respondent/Appellant Krom Strickland ("Husband"). This monthly total was increased by $200 in November 1990 after the family court held Husband in contempt of court for failing to remain current on his alimony obligation. In May 1992, the parties signed a consent order providing that instead of making payments to the county clerk of court, all further alimony would be paid directly to Wife, and any arrears would be "worked out between the parties."

From November 1990 until December 1997, Husband paid Wife $300 per month in alimony payments. During this time, Wife did not object to Husband's failure to pay the full amount awarded by the court. In July 1998, Husband made a one-time payment of $500 (at Wife's request). After this, Husband made no further payments to Wife and Wife made no additional requests for alimony until December 2004 when her lawyer contacted Husband to discuss "a deficient alimony claim."

In May 2005, Wife initiated an action seeking enforcement of the $1200 per month alimony obligation and approximately $225,000 in past due alimony. As an affirmative defense, Husband argued the doctrine of laches barred Wife's claim for past due alimony and, as a counterclaim, alleged that Wife had continuously cohabitated with another man for seven years and was therefore no longer entitled to ongoing alimony under S.C.Code Ann. § 20-3-150 (Supp.2006) (the "continued cohabitation" statute).

The family court agreed with Husband and dismissed Wife's complaint, holding that her claims for both past due and ongoing alimony were barred by laches.¹ The court additionally found that Husband had not proven by a preponderance of the evidence that Wife had continuously cohabitated with another man within the meaning of S.C.Code Ann. § 20-3-150. Wife and Husband each appealed from the trial court's ruling.

The case was certified to this Court from the court of appeals pursuant to Rule 204(b), SCACR. The parties raise the following issues for review:

I. Did the family court err in dismissing Wife's claims to enforce her alimony award based on the doctrine of laches? (Wife's issue on appeal)

II. Did the family court err in failing to terminate alimony because Wife had continuously cohabitated with another man for a period of ninety or more consecutive days? (Husband's issue on appeal)

STANDARD OF REVIEW

In appeals from the family court, the appellate court has jurisdiction to find facts in accordance with its view of the preponderance of the evidence. Wooten v. Wooten, 364 S.C. 532, 540, 615 S.E.2d 98, 102 (2005). This broad scope of review does not require the reviewing court to disregard the findings of the family court; appellate courts should be mindful that the family court, who saw and heard the witnesses, sits in a better position to evaluate credibility and assign comparative weight to the testimony. Cherry v. Thomasson, 276 S.C. 524, 525, 280 S.E.2d 541, 541 (1981).

LAW/ANALYSIS

I. Laches

Wife argues that the family court erred in dismissing her claims to enforce her alimony award based on the doctrine of laches. We agree.

Laches is an equitable doctrine defined as "neglect for an unreasonable and unexplained length of time, under circumstances affording opportunity for diligence, to do what in law should have been done." Hallums v. Hallums, 296 S.C. 195, 198, 371 S.E.2d 525, 527 (1988). In order to establish laches as a defense, a defendant must show that the complaining party unreasonably delayed its assertion of a right, resulting in prejudice to the defendant. Kelley v. Kelley, 368 S.C. 602, 606, 629 S.E.2d 388, 391 (Ct. App.2006).

On previous occasions, this Court has alluded to the inapplicability of the defense of laches in actions to enforce a court order. In Jefferson Pilot Life Insurance Co. v. Gum, 302 S.C. 8, 393 S.E.2d 180 (1990), Husband was required pursuant to a 1974 divorce decree to name Wife # 1 as the beneficiary of his life insurance policy. Id. at 9, 393 S.E.2d at 181. In 1976, Wife # 1 learned Husband had changed the beneficiary to Wife # 2 and thereafter, Wife # 1 obtained several court orders to reinstitute herself as the beneficiary of the policy, the final order to this effect being issued in 1980. Despite these proceedings, Wife # 1 was aware that Husband never designated her as beneficiary. After Husband's death in 1987, Wife # 1 and Wife # 2 both brought claims seeking the insurance policy proceeds. The trial court granted Wife # 2's motion for summary judgment based on the doctrine of laches. Id. at 9-10, 393 S.E.2d at 181.

On appeal, this Court found that because there had been no modification to the court's order designating Wife # 1 as the beneficiary, Husband was "still under an obligation" by order of the court to designate her as such. Id. at 11, 393 S.E.2d at 182. Therefore, the Court held that the trial court erred in granting summary judgment based on laches to Wife # 2. Id. at 12, 393 S.E.2d at 182.

In our opinion, this Court's reasoning in Jefferson Pilot is equally applicable to a family court award of alimony. Although the equitable nature of laches generally comports with the family court's equitable jurisdiction in determining support and maintenance between former spouses, the concept of "inexcusable delay" in the laches defense is inconsistent with the judicial authority inherent in a court order. Because court orders awarding support and maintenance do not have an expiration date, allowing a party to avoid compliance based solely on the oblique notion of delay only serves to undermine the authority of the court. See also Stephens v. Hamrick, 86 N.C.App. 556, 358 S.E.2d 547, 549 (1987) (holding that the doctrine of laches does not bar the enforcement of a court order for child support because "the obligation to furnish support is continuous [and therefore] a lapse of time will not be a bar to commencement of an enforcement action."). Accordingly, we hold that laches is not a defense to a claim for the enforcement of an alimony award and that therefore, the family court erred in applying laches as a defense to both Wife's claim for past due alimony and Wife's claim for ongoing alimony.²

In holding as we do today, we do not seek to limit the concept of fairness underlying actions in equity. Instead, we believe that a court's focus in deciding an issue related to the enforcement of an alimony obligation should be on the equity of enforcing the court order rather than the general application of equitable defenses. In this context, we find that the theory of equitable estoppel appropriately balances principles of equity and judicial authority when the underlying facts of a case call into question the equity of enforcing a court order.

The essential elements of equitable estoppel are divided between the estopped party and the party claiming estoppel. Kelley, 368 S.C. at 608, 629 S.E.2d at 392. The elements of equitable estoppel as related to the party being estopped are: (1) conduct which amounts to a false representation, or conduct which is calculated to convey the impression that the facts are otherwise than, and inconsistent with, those which the party subsequently attempts to assert; (2) the intention that such conduct shall be acted upon by the other party; and (3) actual or constructive knowledge of the real facts. The party asserting estoppel must show: (1) lack of knowledge, and the means of knowledge, of the truth as to the facts in question; (2) reliance upon the conduct of the party estopped; and (3) a prejudicial change of position in reliance on the conduct of the party being estopped. Boyd v. Bellsouth Tel. Tel. Co., Inc., 369 S.C. 410, 422, 633 S.E.2d 136, 142 (2006). As the elements exhibit, equitable estoppel is based on affirmative conduct between the parties. In our opinion, contesting the enforcement of a court order based on the affirmative conduct of the parties is less offensive to judicial authority than the emphasis on the lack of conduct by a party inherent in the defense of laches. Accordingly, we hold that equitable estoppel is the appropriate defense to an action for the enforcement of a court order for support and maintenance.

Turning to the instant case, we recognize that affirmative defenses to a cause of action in any pleading must generally be asserted in a party's responsive pleading. Wright v. Craft, 372 S.C. 1, 20-21, 640 S.E.2d 486, 497 (Ct.App.2006) (quoting Rule 12, SCRCP). Therefore, because Husband only asserted laches as an affirmative defense, the question of whether Wife is equitably estopped from enforcing past due alimony is not squarely preserved in the instant case. See id. (noting that an issue must have been raised to and ruled upon by the trial court to be preserved for review). Noting the equitable foundation of this case, we next consider whether a decision by this Court on the merits of equitable estoppel is appropriate under these circumstances.

Laches is an equitable doctrine which arises upon the failure to assert a known right. Emery v. Smith, 361 S.C. 207, 215, 603 S.E.2d 598, 602 (Ct.App.2004). The equitable doctrine of laches is equivalent to the legal...