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Bell v. Stevenson

Court of Appeals of Mississippi

February 17, 2015

EMMA BELL, APPELLANT
v.
SIDNEY STEVENSON, JR., APPELLEE

Page 1230

[Copyrighted Material Omitted]

Page 1231

COURT FROM WHICH APPEALED: LEFLORE COUNTY CHANCERY COURT. DATE OF JUDGMENT: 03/19/2013. TRIAL JUDGE: HON. EDWARD C. FENWICK. TRIAL COURT DISPOSITION: DIVORCE GRANTED, ALIMONY AWARDED, AND MARITAL ASSETS DIVIDED.

EMMA BELL, APPELLANT, Pro se.

FOR APPELLEE: THOMAS M. FLANAGAN JR.

BEFORE IRVING, P.J., FAIR AND JAMES, JJ. LEE, C.J., BARNES, ISHEE AND CARLTON, JJ., CONCUR. IRVING AND GRIFFIS, P.JJ., ROBERTS, MAXWELL AND FAIR, JJ., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 1232

JAMES, J.

ΒΆ1. This case arises out of a divorce action filed by Emma Bell against Sidney Stevenson Jr. A consent agreement was entered reserving two issues for trial: alimony and equitable division of the retirement and savings accounts. The trial court initially awarded Bell $400 per month for forty-eight months as a part of property division, but no alimony was awarded. Bell filed several post-trial motions seeking to set aside the judgement of divorce. The judgment of divorce was eventually set aside, and a hearing was held on the two issues previously set aside. Stevenson was ordered to pay $500 per month in rehabilitative alimony for thirty-six consecutive months, and an amended judgment of divorce was entered. On appeal, Bell raises the following issues:

I. Whether the trial court erred in its ruling where it considered evidence which was not a part of the issues reserved for the court in the consent decree and which the court had previously set aside in a prior order;
II. Whether the trial court erred in ordering Bell to return certain electronic materials to Stevenson and forbidding discussion of their existence and what was on the materials even though Bell was served with a search warrant and turned the materials over to the attorney general's office;
III. Whether the trial erred by denying plaintiff's motion to compel discovery;
IV. Whether the trial court erred by failing to properly divide the parties' marital assets ...

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