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Evans v. Evans

April 21, 1998

EVANS V. EVANS


Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Southwick, J.

RONALD RAY EVANS, APPELLANT v. MYLINDA LOUANN (RODGERS) EVANS, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: JANUARY 31, 1996

TRIAL JUDGE: HONORABLE PERCY LEE LYNCHARD, JR.

COURT FROM WHICH APPEALED: DESOTO COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DIVORCE GRANTED, EQUITABLE DIVISION OF PROPERTY, AWARD OF ALIMONY AND ATTORNEY FEES TO, APPELLEE

DISPOSITION AFFIRMED - 4/21/98

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

The DeSoto County Chancery Court granted Ronald Ray Evans and Mylinda Rodgers Evans a divorce on the grounds of irreconcilable differences. Pursuant to the consent of the parties, the court resolved issues relating to an equitable distribution of the marital property, alimony, and attorney fees. Mr. Evans appeals asserting that the chancery court erred in awarding Mrs. Rodgers periodic alimony of $800 per month and attorney fees. Though represented by counsel below, he appeals pro se. Finding that these issues do not merit reversal, we affirm.

STATEMENT OF FACTS

The parties were married on December 23, 1983 and lived together until 1994. Although no children were born out of the union, Mrs. Rodgers had a daughter from a previous marriage. During the early years of the marriage, Mrs. Rodgers was employed as a beautician. However, in 1987, Mrs. Rodgers sustained injuries in an automobile accident and was totally disabled. Mr. Evans has been employed for a number of years with Waterman Industries Sales in Memphis, Tennessee, as a sales manager.

On January 29, 1996, Mrs. Rodgers and Mr. Evans consented to a divorce on the grounds of irreconcilable differences. The parties stipulated that the chancery court would resolve, among other things, issues concerning a division of the marital property, the awarding of alimony, and attorney fees. During a hearing on the matter, Mrs. Rodgers and Mr. Evans presented extensive testimony about their respective health and mental conditions, income and expenses, individual retirement accounts, and needs. The parties also introduced into evidence a written agreement which they had entered into following the completion of the marital residence. The agreement provided that upon the sale of the residence or the divorce of ...


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