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McDevitt v. Smith

Court of Appeals of Mississippi

November 26, 2013

Elizabeth McDEVITT, Appellant
v.
Stanley Jarrell SMITH, II, Appellee.

Page 1157

Eugene A. Perrier, Vicksburg, attorney for appellant.

Penny B. Lawson, J. Mack Varner, Vicksburg, attorneys for appellee.

Before LEE, C.J., MAXWELL and FAIR, JJ.

LEE, C.J.

PROCEDURAL HISTORY

¶ 1. Elizabeth McDevitt and Stanley Jarrell Smith were married on January 24, 2002, and separated on November 13, 2008. Shortly thereafter, Elizabeth filed a complaint for separate maintenance. Stanley filed a response and a cross-claim for divorce. Ultimately, Elizabeth and Stanley filed a consent for a divorce on the ground of irreconcilable differences. After a hearing, the chancellor granted an irreconcilable-differences divorce. The chancellor divided the parties' assets and liabilities and denied Elizabeth's request for alimony.

¶ 2. Elizabeth now appeals, asserting the chancellor erred by: (1) applying the incorrect date in determining the valuation of the assets; (2) denying her request for alimony; and (3) denying her request for attorney's fees.

STANDARD OF REVIEW

¶ 3. We afford chancellors much discretion in our review of domestic-relations cases. Steiner v. Steiner, 788 So.2d 771, 777 (¶ 18) (Miss.2001). This Court will not disturb a chancellor's findings unless they are manifestly wrong or clearly erroneous, or the chancellor applied an erroneous legal standard. Mizell v. Mizell, 708 So.2d 55, 59 (¶ 13) (Miss.1998).

DISCUSSION

I. DATE OF VALUATION OF ASSETS

¶ 4. In her first issue on appeal, Elizabeth contends the chancellor used the

Page 1158

incorrect date in evaluating the couple's assets and liabilities. Elizabeth argues the chancellor should have used June 2011, the month prior to trial, as the valuation date rather than November 2008, the date the couple separated. Elizabeth claims Stanley owes her the ...


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