Moody v. Moody
2017 Ark. App. 306
| Ark. Ct. App. | 2017Background
- Angela Moody appealed the circuit court’s February 25, 2016 order resolving multiple post‑divorce contempt and property disputes arising from a January 8, 2015 divorce decree.
- The divorce decree approved a property‑settlement agreement between the parties and stated the settlement was incorporated but not merged into the decree.
- The contested items included allocation of real‑estate taxes on the marital home, distribution of flatware, splitting a pair of lion statues, value of a Kubota tractor, and contempt claims related to parental neglect and harassing phone calls.
- The property‑settlement agreement referenced in the decree and the February 25, 2016 order was not included in the appellate record or the addendum.
- The Court of Appeals found the missing property‑settlement agreement material to deciding the appeal because the decree relied on that agreement and remanded for supplementation of the record and addendum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellee should pay real‑estate taxes on the marital home awarded to him | Angela: appellee should be responsible for the taxes | Moody: (implicit) dispute governed by settlement; court relied on agreement | Court did not reach merits because settlement agreement was missing from record; remanded for supplementation |
| Whether the circuit court’s flatware ruling was reversible error | Angela: flatware allocation was incorrect | Moody: settlement/decree controls allocation | Not decided — record incomplete; remand ordered |
| Whether splitting the pair of lion statues was erroneous | Angela: statues should not be split | Moody: settlement/decree controls division | Not decided — record incomplete; remand ordered |
| Whether Angela is entitled to full value of Kubota tractor | Angela: entitled to full value | Moody: settlement/decree governs value/division | Not decided — record incomplete; remand ordered |
| Whether the court erred by ruling on contempt for parental neglect without testimony | Angela: contempt ruling should have been based on testimony | Moody: court’s resolution stands | Not decided — record incomplete; remand ordered |
| Whether the court erred by denying contempt for harassing phone calls | Angela: denial was error | Moody: denies liability or supports denial | Not decided — record incomplete; remand ordered |
Key Cases Cited
- Tiner v. Tiner, 385 S.W.3d 326 (Ark. App. 2011) (discusses effect of incorporation vs. merger of settlement agreements into divorce decrees)
- Meadors v. Meadors, 946 S.W.2d 724 (Ark. App. 1997) (addresses treatment of property‑settlement agreements in divorce proceedings)