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Weaver v. Weaver

Court of Appeals of Mississippi

May 29, 2018

MELISSA CHRISTINE BLACK WEAVER APPELLANT
v.
RICHARD FRANKLIN WEAVER APPELLEE

          DATE OF JUDGMENT: 10/04/2016

          RANKIN COUNTY CHANCERY COURT, HON. HAYDN JUDD ROBERTS JUDGE.

          ATTORNEY FOR APPELLANT: CHRISTOPHER A. TABB.

          ATTORNEYS FOR APPELLEE: J. PEYTON RANDOLPH II RICK D. PATT.

          BEFORE IRVING, P.J., FAIR AND WESTBROOKS, JJ.

          IRVING, P.J.

         ¶1. Melissa Weaver appeals the judgment of the Rankin County Chancery Court, which granted her and her husband Richard Franklin Weaver a divorce on the ground of irreconcilable differences and equitably divided the marital estate. She argues that the chancery court failed to properly consider the relative tax consequences when distributing the marital assets between her and Richard.

         ¶2. Finding no error, we affirm.

         FACTS

         ¶3. On August 14, 2015, Melissa filed a complaint for divorce from Richard on the grounds of habitual cruel and inhumane treatment, and in the alternative, irreconcilable differences. On March 2, 2016, the court entered an agreed temporary order. On May 5, 2016, the parties filed a consent to divorce on the ground of irreconcilable differences, and the issues of equitable division of the marital estate, alimony, and attorneys' fees were submitted to the court to decide. After a lengthy discovery period and a continuance, the trial was conducted on August 8, 2016, and August 31, 2016.

         ¶4. The court issued its judgment of divorce on October 4, 2016, finding that the marital estate had a value of $555, 279.90, not including other property previously divided. The court awarded Richard fifty-five percent of the valued marital estate, and Melissa the remaining forty-five percent. The chancellor made a handwritten addition to his order, stating that: "[Melissa's attorney] did not approve this order as to form as he thought the order should mention 'tax consequences' but the [c]ourt entered this order without such language as that can be brought by the appropriate motion at a later date and time."

         ¶5. A hearing on Melissa's motion to reconsider-addressing the tax consequences of the distribution of marital assets-was held on October 20, 2016. During said hearing, she offered into evidence the expert testimony of John Dongieux, an attorney and certified public accountant. Ultimately, the court denied the motion, and this appeal followed.

         DISCUSSION

         ¶6. The standard of review is succinctly addressed in Rhodes v. Rhodes, 52 So.3d 430, 435 (ΒΆ15) (Miss. Ct. App. 2011) (citations and internal ...


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