Jackie Virginia (Wright) Hodge v. Kenneth Edward Hodge
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2001-CA-01877-COA
JACKIE VIRGINIA (WRIGHT) HODGE
APPELLANT
v.
KENNETH EDWARD HODGE
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
11/8/2001
HON. JON M. BARNWELL
LAFAYETTE COUNTY CHANCERY COURT
DARRIN JAY WESTFAUL
C. MICHAEL MALSKI
CIVIL - DOMESTIC RELATIONS
PETITION FOR DIVORCE DENIED.
AFFIRMED: 02/18/2003
BEFORE SOUTHWICK, P.J., BRIDGES AND MYERS, JJ.
BRIDGES, J., FOR THE COURT:
¶1.
Jackie Hodge brought an action for divorce against her husband, Kenneth Hodge, on grounds of
habitual cruel and inhuman treatment. After the chancellors of the Lafayette County Chancery Court
recused themselves, the Mississippi Supreme Court appointed a special master to hear the divorce. The
chancellor denied the divorce, and Jackie Hodge appealed.
STATEMENT OF THE ISSUE
DID THE CHANCELLOR ERR IN HOLDING THAT JACKIE HODGE WAS NOT ENTITLED TO
A DIVORCE ON GROUNDS OF HABITUAL CRUEL AND INHUMAN TREATMENT?
FACTS
¶2.
Kenneth and Jackie Hodge had been married for nearly forty-one years prior to their separation
in 1999. They had two grown children, Phyllis Kirkpatrick and Jason Hodge. Mrs. Hodge asked for a
divorce based on habitual cruel and inhuman treatment, based mostly on allegations that her husband forced
her to join in his fondness for pornography. Mrs. Hodge also claimed that her husband sabotaged her
attempts to pursue a career as a hairstylist. For about thirteen years prior to their separation, Mrs. Hodge
had been suffering from a rare form of colitis, for which she took a powerful steroid, prednisone, and
several courses of antidepressant drugs.
¶3.
Jason Hodge lived with his parents until 1990, and again for a time in 1994. Phyllis Kirkpatrick
together with her young daughter lived with the Hodges in 1997 and 1998. Both of them expressed
concern over their mother's aberrant behavior in the two years preceding their parents' separation.
ANALYSIS
DID THE CHANCELLOR ERR IN HOLDING THAT JACKIE HODGE WAS NOT ENTITLED TO
A DIVORCE ON GROUNDS OF HABITUAL CRUEL AND INHUMAN TREATMENT?
¶4.
This Court reviews the decisions of a chancellor for manifest error or the application of an
erroneous legal standard. Steen v. Steen, 641 So. 2d 1167, 1169 (Miss. 1994). A divorce on the
grounds of habitual cruel and inhuman treatment requires that the party seeking the divorce show the
conduct of the offending spouse endangers the life or health of the other, or is so terrible that it makes the
continuation of the marriage revolting. Daigle v. Daigle, 626 So. 2d 140, 144 (Miss. 1993). The proof
must be more than demonstrations of "unkindness, rudeness, or incompatibility." Brooks v. Brooks, 652
So. 2d 1113, 1124 (Miss. 1995).
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¶5.
Mrs. Hodge argues that her husband's conceded fondness for pornography resulted in great
emotional harm. She further argues that her husband forced her to watch the pornography against her will.
Mrs. Hodge also presents the deposition of Dr. Threadgill, who testified that she was suffering because of
her marriage; however, Dr. Threadgill did not testify that her husband was responsible for her illnesses,
which include colitis and other gastro-intestinal disorders. Dr. Threadgill also testified that it was possible
that her prolonged use of medical steroids due to the nature of her diseases was affecting her.
¶6.
Mrs. Hodge in her appeal brief not only mischaracterizes the testimony of Dr. Threadgill, she also
entirely ignores the testimony of the Hodges' two children. Phyllis Kirkpatrick, the Hodges' daughter, lived
in her parents' home with her young daughter in 1997 and 1998, and never saw any pornography around
the house. She also testified that she had never witnessed her father looking at pornography. Further, she
testified that her parents had a normal marriage, and that she had heard no complaints from her mother
about her father watching pornography. Kirkpatrick testified that in the year before her parents separated,
her mother's behavior changed noticeably, and that Mrs. Hodge would get angry for no apparent reason.
Kirkpatrick stated that her father was concerned about her mother's changed behavior.
¶7.
Jason Hodge, the Hodges' son, testified that he had lived with his parents until 1990, and again in
1994, and that he visited them roughly once a month. Jason testified that about two years before his
parents separated, his mother became more irritable and controlling. He also stated that his mother had
never complained about pornography in the home, and that the marriage had seemed a good one until the
two years prior to the separation.
¶8.
Mrs. Hodge does not provide any evidence beyond her own testimony that the physical illnesses
or mental harm that she suffered were caused by the alleged habitual cruel and inhuman treatment by her
husband. The only medical evidence available is inconclusive, and there is certainly sufficient credible
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evidence to refute Mrs. Hodge's argument that she suffered cruelty due to a pervasive influence of
pornography at her husband's hands. While it is certainly possible that Mrs. Hodge was discomfited by
her husband's interest in pornography, the fact that she had been suffering from a rare form of colitis over
more than thirteen years, and had been taking a strong steroid and anti-depressant drugs provides a highly
credible explanation for the pain and suffering she felt.
¶9.
For the foregoing reasons, we affirm the judgment of the Chancery Court of Lafayette County.
¶10. THE JUDGMENT OF THE LAFAYETTE COUNTY CHANCERY COURT IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., THOMAS, LEE, IRVING,
MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.
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