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SYDNEY GEIGER v. JOAN N. GEIGER

AUGUST 24, 1988

SYDNEY GEIGER
v.
JOAN N. GEIGER



EN BANC.

HAWKINS, PRESIDING JUSTICE, FOR THE COURT:

Sydney Geiger has appealed from a decree of the chancery court of the First Judicial District of Hinds County denying his petition to reduce alimony payments, and awarding his former wife, Mrs. Joan N. Geiger, attorney fees.

Mrs. Geiger has cross-appealed for additional attorney fees.

 We find no merit in the cross-appeal. We likewise find that the chancellor was within his discretion in denying any reduction in alimony. We do find, however, that under the facts of this case Mrs. Geiger should not have been awarded any attorney fees.

 FACTS

 A divorce based upon irreconcilable differences was entered as to Sydney Geiger and his wife Joan N. Geiger by the chancery court of the First Judicial District of Hinds County on April 18, 1980. They had married December 21, 1947, and four children had been born of their marriage.

 The two of them owned shares in Delta Steel Corporation, a close corporation, with Mr. Geiger being the major shareholder. Mr. Geiger had started the business in 1955. An extensive property settlement and alimony agreement was executed by them, and was made a part of the decree.

 This agreement, along other things, provided:

 1. Mrs. Geiger would receive $2,000 per month alimony, binding upon the estate of the

 husband, but to cease in the event of her remarriage. [Emphasis added]

 2. The corporation would lease the realty jointly owned by them for 20 years, at an annual rental of $15,000, but adjustable annually in accordance with the Bureau of Labor Statistics consumer price index.

 3. The corporation would redeem Mrs. Geiger's shares for $214,000, payable partly in cash and the remainder over a ten-year period.

 4. From their tax shelter investments, Mrs. Geiger was to receive $51,000, $11,000 down and the balance ...


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