Vaughn v. Vaughn
2011 Miss. App. LEXIS 155
| Miss. Ct. App. | 2011Background
- Clay County Chancery Court granted Terri W. and Craig Vaughn a divorce, awarded custody to Terri, and ordered Craig to pay child support.
- Craig appeals, challenging denial of his motion to compel discovery and the division of the marital home.
- Craig propounded interrogatories and admissions on Jan 30, 2009; sought a continuance; trial was continued to March 16 and then March 23, 2009.
- Motion to compel was filed Mar 20, 2009; chancellor denied it on March 23 after advising fair trial would proceed if prejudice appeared.
- Court applied discretionary discovery standards, reasonable notice, and due process considerations, citing Boutwell and related authorities.
- Chancellor divided marital assets using Ferguson factors, equitably splitting the home equity, with Craig receiving slightly more than 50% in total.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of discovery was error | Craig | Terri | No reversible error; no abuse of discretion; insufficient prejudice shown. |
| Procedural due process in discovery denial | Craig | Terri | No procedural due process violation; fair hearing proceeded. |
| Substantive due process in custody rights | Craig | Terri | Troxel does not apply to natural parents; no substantive violation. |
| Lawfulness of marital home division under Ferguson factors | Craig | Terri | Equitable division affirmed; 50/50 equity split with corresponding debt treatment. |
Key Cases Cited
- Boutwell v. Boutwell, 829 So.2d 1216 (Miss. 2002) (no abuse of discretion for late discovery where notice was insufficient)
- City of Jackson v. Presley, 942 So.2d 777 (Miss. 2006) (trial court broad discretion in pretrial discovery)
- Marshall v. Burger King, 2 So.3d 702 (Miss.Ct.App. 2008) (discovery remedies within trial court discretion)
- Edmonds v. Williamson, 13 So.3d 1283 (Miss. 2009) (abuse of discretion standard for discovery rulings)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (parents' custody rights; Troxel not controlling here)
- Mabus v. Mabus, 847 So.2d 815 (Miss. 2003) (Troxel applicability limited in custody disputes)
- Ferguson v. Ferguson, 639 So.2d 921 (Miss. 1994) (Ferguson factors for equitable distribution)
- Hults v. Hults, 11 So.3d 1273 (Miss.Ct.App. 2009) (reaffirmation of Ferguson factors and domestic equity)
- Goellner v. Goellner, 11 So.3d 1251 (Miss.Ct.App. 2009) (review of Ferguson-based division of property)