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Bates v. Bates

March 23, 1999

KATHY LYNN BATES APPELLANT
v.
WILLIAM CHARLES BATES APPELLEE



The opinion of the court was delivered by: Bridges, C.j.

DATE OF JUDGMENT: 11/20/97

TRIAL JUDGE: HON. EDWARD C. PRISOCK

COURT FROM WHICH APPEALED: NESHOBA COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DISTRIBUTION OF MARITAL PROPERTY AND DENIAL OF ATTORNEY'S FEES

DISPOSITION: AFFIRMED IN PART AND REVERSED AND REMANDED IN PART: 3/23/99

MOTION FOR REHEARING FILED: 12/07/98

CERTIORARI FILED:

MANDATE ISSUED:

ON MOTION FOR REHEARING

EN BANC

¶1. This matter is before this Court on Kathy Bate's motion for rehearing. The motion for rehearing is granted and the original opinion dated November 24, 1998 is withdrawn, and this opinion is substituted in its place.

¶2. After ten years of marriage, Kathy and William (Bill) Bates agreed to a divorce on the ground of irreconcilable differences. In July 1997, the trial continued to determine the division of assets, the issue of alimony, attorney's fees and costs, and any other issues existing between Kathy and Bill. Aggrieved by certain aspects of the chancellor's ruling, Kathy appeals on the following grounds:

1) the chancellor failed to determine the extent, corresponding value, and division of the marital property per the Ferguson guidelines; and 2) the chancellor abused his discretion in failing to grant the appellant attorney's fees and costs. Finding ...


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