Sunday, December 8, 2013

Lister v. Lister case brief

Lister v. Lister case brief summary
981 So. 2D 340 (2008)


CASE SYNOPSIS
Appellee wife filed for divorce from appellant husband. The Chancery Court of Jackson County (Mississippi) entered a final judgment granting a divorce to the wife on the ground of uncondoned adultery by the husband. The husband appealed.

CASE FACTS
The wife worked for the husband's company as a secretary, bookkeeper, and office manager. The wife alleged that the husband committed adultery with his new secretary. The wife presented evidence that, inter alia, (1) the husband and his secretary spent an excessive amount of time together, (2) he gave her money, (3) he reinstated her after the wife terminated her, (4) he let her drive company vehicles, (5) he rode motorcycles with her, (6) they went on long trips together, and (7) the secretary began staying at the husband's house shortly after the secretary left her own husband.

DISCUSSION

  • The appellate court determined that the chancery court did not err in entering a divorce on the ground of adultery because, despite the husband's denial of any sexual relationship with his secretary, the facts were sufficient to establish that he had an infatuation with her sufficient to be an adulterous inclination and there was sufficient testimony that they had opportunities to consummate that inclination.
CONCLUSION
The appellate court affirmed the chancery court's judgment and assessed all costs of the appeal to the husband.


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