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CAROLYN MOODY PARKER v. JAMES CHARLES PARKER

FEBRUARY 17, 1988

CAROLYN MOODY PARKER
v.
JAMES CHARLES PARKER



BEFORE ROY NOBLE LEE, PRATHER and ZUCCARO

ROY NOBLE LEE, CHIEF JUSTICE, FOR THE COURT:

Carolyn Moody Parker appeals from a judgment of the Chancery Court of Winston County denying her a divorce from the bonds of matrimony against James Charles Parker and dismissing her bill of complaint. She assigns the following error in the trial below:

THE DECISION OF THE LOWER COURT IS CONTRARY TO THE OVERWHELMING WEIGHT OF THE LAW AND EVIDENCE AND NOT SUPPORTED BY ANY LAW OR EVIDENCE AND THE COURT ERRED IN DENYING APPELLANT A DIVORCE AND/OR RELIEF BECAUSE OF ALLEGED RECRIMINATION OF APPELLANT.

 The parties were married June 24, 1966, and they lived in Winston County until their separation occurred in February, 1984. No children were born of the marriage. Appellant operated a beauty shop, and appellee operated a garage, both located on three acres of land upon which the parties lived.

 Appellee rested without putting on any evidence or testifying himself. In fact, he did not even appear at the trial, and when the appellant rested her case, appellee's attorney rested. Appellant called a number of witnesses who testified about various incidents, generally and specifically, to establish her ground for divorce of habitual cruel and inhuman treatment. Specifically, the record reflects the following conduct of appellee toward appellant:

 (1) Charles entered Carolyn's beauty shop while she was cutting the hair of a male customer and asked," What are you doing? "

 (2) Charles watched the beauty shop with binoculars while Carolyn was cutting the hair of a male customer.

 (3) Carolyn arrived home one night to discover Charles and a woman exiting his garage.

 (4) Charles was seen hugging and kissing another woman at a Willie Nelson concert.

 (5) Charles had an altercation with a man who congratulated Carolyn for having won a tape player at a car race.

 (6) On several occasions, Charles threatened to kill himself.

 (7) Charles was unfriendly toward Carolyn's relatives.

 (8) Charles offered $100.00 to his friend's wife in return for sexual favors.

 (9) Charles falsely accused Carolyn of" going with "the church song leader and ...


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