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JOHN DUPUIS FOURNET, JR. v. SARAH MULLINS FOURNET

DECEMBER 18, 1985

JOHN DUPUIS FOURNET, JR.
v.
SARAH MULLINS FOURNET



BEFORE PATTERSON, PRATHER AND ROBERTSON

PRATHER, JUSTICE, FOR THE COURT:

The sufficiency of evidence for the granting of a divorce on the ground of habitual cruel and inhuman treatment is the subject of this appeal. Sarah Mullins Fournet filed suit against her husband, John Dupuis Fournet, Jr., seeking a divorce, alimony, and property division. Following the award of all these requests to Mrs. Fournet, the husband appeals.

John Dupuis Fournet assigns the following errors, to-wit:

 (1) The lower court erred in failing to sustain

 appellant's motion to dismiss the complaint for divorce and in granting a divorce on the ground of habitual cruel and inhuman treatment.

 (2) The lower court erred in granting appellee title to the Mercedes-Benz automobile.

 (3) The lower court erred in requiring appellant to pay temporary alimony.

 (4) The lower court erred in failing to sign the bill of exception.

 (5) The lower court erred in overruling appellant's motions for new trial or in the alternative amendment of final judgment and motion for bill of exceptions.

 (6) The lower court erred in awarding appellee $200.00 attorney's fee pursuant to Rule 11 (b) of Mississippi Rules of Civil Procedure.

 I.

 Appellant and appellee were married June 5, 1982, and resided together in Jackson, Mississippi. No children were born to this marriage. They separated October 4, 1984 when appellee left the marital domicile and moved in with her sister.

 Mrs. Sarah Fournet alleged as her grounds for divorce habitual cruel and inhuman treatment and irreconcilable difference. She testified about only four (4) specific occasions wherein appellant was abusive, cruel and inhuman, as she describes it. First, she accuses the appellant of having fussed at her about their checkbook and checking account. The discussion took place in the bedroom of their home while appellant was having a drink of whiskey. Second, appellee testified that appellant called her "bitch" on one (1) occasion. Third, appellee says appellant beat his dog on one (1) occasion because the dog got paint on appellant. This upset appellee. Finally, appellee charges appellant with berating her after she bumped a car in the parking lot of a hospital.

 Appellee further testified that appellant intimidated her by his silence and ignoring her. She was anxious because appellant's sister is retarded and appellant would not discuss with her the possibility of a child born of their union having the same condition. ...


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