Barry R. Artz v. Shannon C. Artz
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CA-00199-COA
BARRY R. ARTZ
APPELLANT
v.
SHANNON C. ARTZ
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
1/9/2002
HON. DOROTHY WINSTON COLOM
LOWNDES COUNTY CHANCERY COURT
P. NELSON SMITH
CARRIE A. JOURDAN
CIVIL - DOMESTIC RELATIONS
FINAL DIVORCE DECREE AWARDING
APPELLEE $33,000.
AFFIRMED - 06/24/2003
BEFORE MCMILLIN, C.J., THOMAS AND CHANDLER, JJ.
THOMAS, J., FOR THE COURT:
¶1.
Barry Artz and Shannon Artz received a final order granting a divorce in the Chancery Court of
Lowndes County. The parties agreed to the divorce on the grounds of irreconcilable differences. In the
final order the chancellor ordered a property distribution in which Shannon received monies which Barry
claim were non-marital assets. Aggrieved he asserts the following:
I.
IT WAS ERROR FOR THE TRIAL COURT TO AWARD SHANNON ARTZ $33,000 OUT
OF THE $100,000 WHICH WAS NON-MARITAL PROPERTY OF BARRY ARTZ.
FACTS
¶2.
Shannon Artz and Barry Artz separated in June of 2000. Subsequently, both parties filed for
divorce on the grounds of irreconcilable differences. They submitted the issues of custody of the child, child
support, and property distribution to the court. The chancellor issued an opinion on May 23, 2001, which
is the basis for this appeal.
¶3.
The chancellor determined some cash assets to be marital property and distributed these assets
accordingly. The assets in question derived from a gift from Barry's grandmother and aunt which was
deposited into a joint account from which marital expenses were paid. At trial Barry stated that he was
free to use the money for what he chose.
I.
WAS IT ERROR FOR THE TRIAL COURT TO AWARD SHANNON ARTZ $33,000 OUT
OF THE $100,000 WHICH WAS NON-MARITAL PROPERTY OF BARRY ARTZ?
¶4.
Barry asserts that the money, given to him as a gift from his grandmother and aunt, should have
been classified as separate property. He asserts this even though the funds were placed in a joint account
used for marital expenses.
¶5.
This Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong,
clearly erroneous, or an erroneous legal standard was applied. Turpin v. Turpin, 699 So. 2d 560, 564
(Miss. 1997). In a determination of the division of marital property, both spouses' contributions during the
marriage should be thoroughly evaluated by the chancellor. Chamblee v. Chamblee, 637 So. 2d 850,
865 (Miss. 1994). In order to divide the marital assets, the chancery court must first determine which
assets are marital and which assets are non-marital. Johnson v. Johnson, 650 So. 2d 1281, 1287 (Miss.
1994). Marital property is "any and all property acquired or accumulated during the marriage." Hemsley
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v. Hemsley, 639 So. 2d 909, 915 (Miss. 1994). "Assets acquired or accumulated during the course of the
marriage are subject to equitable division unless it can be shown by proof that such assets are attributable
to one of the parties' separate estates prior to the marriage or outside the marriage." Id. at 914. The
Mississippi Supreme Court has held that when non-marital property is commingled with marital property
the property can lose its characterization as such and become marital property subject to equitable
distribution unless there is evidence of an agreement to the contrary. See Heigle v. Heigle, 654 So. 2d
895, 897 (Miss. 1995); Johnson v. Johnson, 650 So. 2d 1281, 1286 (Miss. 1994). Thompson v.
Thompson, 815 So. 2d 466, 470 (¶15) (Miss. Ct. App. 2002).
¶6.
The funds given to Barry may have been intended to be separate but they were deposited in the
joint account and used for marital purposes, thus converting non-marital to marital property. Traxler v.
Traxler, 730 So. 2d 1098, 1103 (¶25) (Miss. 1998); Johnson , 650 So. 2d at 1286 (Miss. 1994). The
determination by the chancellor was within that court's sound discretion and the correct legal standard was
applied. This issue is without merit.
¶7.
THE JUDGMENT OF THE LOWNDES COUNTY CHANCERY COURT IS
AFFIRMED. STATUTORY DAMAGES AND INTEREST ARE AWARDED. ALL COSTS
OF THIS APPEAL ARE ASSESSED AGAINST THE APPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, MYERS,
CHANDLER AND GRIFFIS, JJ., CONCUR. IRVING, J., DISSENTS WITHOUT SEPARATE
WRITTEN OPINION.
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