evidence or manifestly error (Mississippi) · Go Syfert
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evidence or manifestly error in Mississippi

59 Mississippi opinions name it 2 courts 1987–2025 5 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (24)

CaseFollowedCited
McNally v. McNallygreen
miss · 1987 · cited in 32 Mississippi opinions naming this issue, 1992–2008
2 sentences

2008A chancellor's decision to award alimony will not be reversed on appeal "unless it is found to be against the overwhelming weight of the evidence or manifestly in error." Id. (citing McNally v. McNally, 516 So.2d 499, 501 (Miss.1987)).

2004“The chancellor’s decision on alimony will not be disturbed on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992) (citing McNally v. McNally, 516 So.2d 499, 501 (Miss.1987)).

3132
Creekmore v. Creekmoregreen
miss · 1995 · cited in 15 Mississippi opinions naming this issue, 1993–2024
2 sentences

2024“We will not disturb the chancellor’s decision on alimony on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Id. (quoting Creekmore v. Creekmore, 651 So. 2d 513, 517 (Miss. 1995)). ¶37.

2023“We will not disturb the chancellor’s decision on alimony on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Creekmore, 651 So. 2d at 517 . ¶40.

1015
Tilley v. Tilleygreen
miss · 1992 · cited in 11 Mississippi opinions naming this issue, 1993–2018
2 sentences

2018Specifically in cases concerning alimony, the chancellor’s decision “will not be disturbed on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Tilley v. Tilley, 610 So. 2d 348, 351 (Miss. 1992).

2018Specifically in cases concerning alimony, the chancellor's decision "will not be disturbed on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error." Tilley v. Tilley , 610 So.2d 348 , 351 (Miss. 1992).

811
Parsons v. Parsonsgreen
miss · 1996 · cited in 10 Mississippi opinions naming this issue, 1995–2001
2 sentences

2001We will not disturb the award on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error." Parsons v. Parsons, 678 So.2d 701, 703 (Miss.1996) (citations omitted). ¶ 10.

2000Parsons, 678 So.2d at 703 . ¶ 26.

610
Pearson v. Pearsongreen
miss · 2000 · cited in 4 Mississippi opinions naming this issue, 2010–2025
2 sentences

2025“We will not disturb the award on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Pearson v. Pearson, 761 So. 2d 157, 165 (¶25) (Miss. 2000). “[A]ny award of alimony must be based upon a determination of need for such award upon a finding of a deficit suffered by a party after completion of the equitable division of marital property.” Jackson v. Jackson, 114 So. 3d 768, 777 (¶22) (Miss.

2024The Court reasoned, “[T]he essential fact is that the income is gone,” and “there is no proof that the income was jettisoned in bad faith, that is to avoid the child support obligation.” Id. at 1330. 8 We note that this amount significantly exceeds the expenses that Leah listed for the children on her Rule 8.05 financial statements. 12 award on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Pearson v. Pearson, 761 So. 2d 157, 165 (¶25) (Miss. 2000). “[A]ny award of alimony must be based upon a determination of need for such award upon a

44
Crowe v. Crowegreen
miss · 1994 · cited in 4 Mississippi opinions naming this issue, 1998–2009
2 sentences

2009Our standard of review of the chancellor’s award of alimony is limited and “will not be altered on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Reid v. Reid, 998 So.2d 1032, 1036 (¶ 7) (Miss.Ct.App.2008) (citing Crowe v. Crowe, 641 So.2d 1100, 1102 (Miss.1994)).

2008In such cases[,] the award will not be altered on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error." Crowe v. Crowe, 641 So.2d 1100, 1102 (Miss.1994) (citing Tilley v. Tilley, 610 So.2d 348, 351 (Miss. 1992)).

44
Jackson v. Jacksongreen
missctapp · 2013 · cited in 2 Mississippi opinions naming this issue, 2024–2025
2 sentences

2025“We will not disturb the award on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Pearson v. Pearson, 761 So. 2d 157, 165 (¶25) (Miss. 2000). “[A]ny award of alimony must be based upon a determination of need for such award upon a finding of a deficit suffered by a party after completion of the equitable division of marital property.” Jackson v. Jackson, 114 So. 3d 768, 777 (¶22) (Miss.

2024The Court reasoned, “[T]he essential fact is that the income is gone,” and “there is no proof that the income was jettisoned in bad faith, that is to avoid the child support obligation.” Id. at 1330. 8 We note that this amount significantly exceeds the expenses that Leah listed for the children on her Rule 8.05 financial statements. 12 award on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Pearson v. Pearson, 761 So. 2d 157, 165 (¶25) (Miss. 2000). “[A]ny award of alimony must be based upon a determination of need for such award upon a

22
Ethridge v. Ethridgegreen
miss · 1995 · cited in 2 Mississippi opinions naming this issue, 1998–1998
2 sentences

1998Ethridge v. Ethridge, 648 So.2d 1143, 1145-46 (Miss.1995); Crowe v. Crowe, 641 So.2d 1100, 1102 (Miss.1994); Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992).

1998Ethridge v. Ethridge, 648 So.2d 1143, 1145-46 (Miss.1995); Crowe v. Crowe, 641 So.2d 1100, 1102 (Miss.1994); Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992). "[T]he amount of an alimony award is a matter largely within the discretion of the chancery court because of its peculiar opportunity to sense the equities of the situation before it." Wood v. Wood, 495 So.2d 503, 506 (Miss.1986).

22
Wood v. Woodgreen
miss · 1986 · cited in 2 Mississippi opinions naming this issue, 1995–1998
2 sentences

1998Ethridge v. Ethridge, 648 So.2d 1143, 1145-46 (Miss.1995); Crowe v. Crowe, 641 So.2d 1100, 1102 (Miss.1994); Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992). "[T]he amount of an alimony award is a matter largely within the discretion of the chancery court because of its peculiar opportunity to sense the equities of the situation before it." Wood v. Wood, 495 So.2d 503, 506 (Miss.1986).

1995See also Gammage v. Gammage, 599 So.2d 569, 572 (Miss. 1992). "[T]he amount of an alimony award is a matter to a great extent within the discretion of the chancery court because of its peculiar opportunity to sense the equities of the situation before it." Holleman v. Holleman, 527 So.2d 90, 94 (Miss. 1988), citing Wood v. Wood, 495 So.2d 503 (Miss. 1986). *1123 "The chancery court's decision on alimony will not be disturbed on appeal unless it be found against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss. 1987) (citing Harrell v

22
Mississippi State Tax Com'n v. Dyer Inv. Co.green
miss · 1987 · cited in 2 Mississippi opinions naming this issue, 1995–1995
2 sentences

1995Co., Inc., 507 So.2d 1287, 1289 (Miss.1987); State Board of Psychological Examiners v. Coxe, 355 So.2d 669, 671 (Miss.1978)) In addition, this Court has held it will not disturb on appeal the chancellor’s ruling unless “it is found to be against the overwhelming weight of the evidence or manifestly in error.” McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970); Tinnin v. First United Bank of Miss., 570 So.2d 1193, 1194 (Miss.1990)).

1995Co., Inc., 507 So.2d 1287, 1289 (Miss. 1987); State Board of Psychological Examiners v. Coxe, 355 So.2d 669, 671 (Miss. 1978)) In addition, this Court has held it will not disturb on appeal the chancellor's ruling unless "it is found to be against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss. 1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss. 1970); Tinnin v. First United Bank of Miss., 570 So.2d 1193, 1194 (Miss. 1990)).

22
Tinnin v. First United Bank of Miss.green
miss · 1990 · cited in 2 Mississippi opinions naming this issue, 1995–1995
2 sentences

1995Co., Inc., 507 So.2d 1287, 1289 (Miss.1987); State Board of Psychological Examiners v. Coxe, 355 So.2d 669, 671 (Miss.1978)) In addition, this Court has held it will not disturb on appeal the chancellor’s ruling unless “it is found to be against the overwhelming weight of the evidence or manifestly in error.” McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970); Tinnin v. First United Bank of Miss., 570 So.2d 1193, 1194 (Miss.1990)).

1995Co., Inc., 507 So.2d 1287, 1289 (Miss. 1987); State Board of Psychological Examiners v. Coxe, 355 So.2d 669, 671 (Miss. 1978)) In addition, this Court has held it will not disturb on appeal the chancellor's ruling unless "it is found to be against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss. 1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss. 1970); Tinnin v. First United Bank of Miss., 570 So.2d 1193, 1194 (Miss. 1990)).

22
STATE BD. OF PSYCHOLOGICAL EX. v. Coxegreen
miss · 1978 · cited in 2 Mississippi opinions naming this issue, 1995–1995
2 sentences

1995Co., Inc., 507 So.2d 1287, 1289 (Miss.1987); State Board of Psychological Examiners v. Coxe, 355 So.2d 669, 671 (Miss.1978)) In addition, this Court has held it will not disturb on appeal the chancellor’s ruling unless “it is found to be against the overwhelming weight of the evidence or manifestly in error.” McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970); Tinnin v. First United Bank of Miss., 570 So.2d 1193, 1194 (Miss.1990)).

1995Co., Inc., 507 So.2d 1287, 1289 (Miss. 1987); State Board of Psychological Examiners v. Coxe, 355 So.2d 669, 671 (Miss. 1978)) In addition, this Court has held it will not disturb on appeal the chancellor's ruling unless "it is found to be against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss. 1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss. 1970); Tinnin v. First United Bank of Miss., 570 So.2d 1193, 1194 (Miss. 1990)).

22
Harrell v. Harrellgreen
miss · 1970 · cited in 12 Mississippi opinions naming this issue, 1987–2003
2 sentences

2003"The chancellor's decision on alimony will not be disturbed on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error." Tilley v. Tilley, 610 So.2d 348, 351 (Miss.1992) (citing McNally v. McNally, 516 So.2d 499, 501 (Miss.1987)) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970)).

1995Co., Inc., 507 So.2d 1287, 1289 (Miss.1987); State Board of Psychological Examiners v. Coxe, 355 So.2d 669, 671 (Miss.1978)) In addition, this Court has held it will not disturb on appeal the chancellor’s ruling unless “it is found to be against the overwhelming weight of the evidence or manifestly in error.” McNally v. McNally, 516 So.2d 499, 501 (Miss.1987) (citing Harrell v. Harrell, 231 So.2d 793 (Miss.1970); Tinnin v. First United Bank of Miss., 570 So.2d 1193, 1194 (Miss.1990)).

112
Wells v. Wellsgreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023We will not disturb the award on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Id. at 1244 (¶9). ¶9.

11
Mabus v. Mabusgreen
miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018Likewise, when the equitable division of the marital estate is at issue, the Court has determined that “the chancellor’s ruling on the division and distribution will be upheld if it is supported by substantial creditable evidence.” Mabus v. Mabus, 890 So. 2d 806, 824 (¶72) (Miss. 2003).

2018Likewise, when the equitable division of the marital estate is at issue, the Court has determined that "the chancellor's ruling on the division and distribution will be upheld if it is supported by substantial creditable evidence." Mabus v. Mabus , 890 So.2d 806 , 824 (¶ 72) (Miss. 2003).

11
McKissack v. McKissackgreen
missctapp · 2010 · cited in 1 Mississippi opinions naming this issue, 2017–2017
1 sentence

2017Ronnie acknowledges that the issues of property division and alimony are “intertwined.” McKissack v. McKissack, 45 So. 3d 716, 723 (¶41) (Miss.

11
Cosentino v. Cosentinogreen
missctapp · 2008 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014Cosentino v. Cosentino, 986 So.2d 1065, 1067 (¶ 6) (Miss.Ct.App.2008).

11
Lauro v. Laurogreen
miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013In analyzing the parties’ need for alimony, the chancery court cited Lauro v. Lauro, 847 So.2d 843, 848 (¶ 13) (Miss.2003), for the proposition that alimony may be considered only after the marital estate has been equitably divided and a deficit exists for one of the parties.

11
Reid v. Reidgreen
missctapp · 2008 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009Our standard of review of the chancellor’s award of alimony is limited and “will not be altered on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Reid v. Reid, 998 So.2d 1032, 1036 (¶ 7) (Miss.Ct.App.2008) (citing Crowe v. Crowe, 641 So.2d 1100, 1102 (Miss.1994)).

11
Mosley v. Mosleygreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2009–2009
2 sentences

2009“The chancellor’s decision on alimony will not be disturbed on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Mosley v. Mosley, 784 So.2d 901, 909 (¶ 36) (Miss.2001) (citation omitted).

2009“The amount of alimony awarded is a matter primarily within the discretion of the chancery court because of ‘its peculiar opportunity to sense the equities of the situation before it.’” Id. (citation omitted) “A chancellor can award alimony payable in one lump sum or periodic alimony, payable monthly, or both, dependent upon the circumstances of the parties.” Id.

11
Retzer v. Retzergreen
miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995Lump sum alimony "is a settlement between the husband and the wife as to the interest of the latter in his property, and as to the extent of the husband's duty to contribute to her maintenance and support." Retzer v. Retzer, 578 So.2d 580, 591 (Miss. 1990) quoting Miller v. Miller, 173 Miss. 44, 64 , 159 So. 112, 119-20 (1935)).

11
Holleman v. Hollemangreen
miss · 1988 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995See also Gammage v. Gammage, 599 So.2d 569, 572 (Miss. 1992). "[T]he amount of an alimony award is a matter to a great extent within the discretion of the chancery court because of its peculiar opportunity to sense the equities of the situation before it." Holleman v. Holleman, 527 So.2d 90, 94 (Miss. 1988), citing Wood v. Wood, 495 So.2d 503 (Miss. 1986). *1123 "The chancery court's decision on alimony will not be disturbed on appeal unless it be found against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss. 1987) (citing Harrell v

11
Miller v. Millergreen
miss · 1935 · cited in 1 Mississippi opinions naming this issue, 1995–1995
2 sentences

1995Lump sum alimony "is a settlement between the husband and the wife as to the interest of the latter in his property, and as to the extent of the husband's duty to contribute to her maintenance and support." Retzer v. Retzer, 578 So.2d 580, 591 (Miss. 1990) quoting Miller v. Miller, 173 Miss. 44, 64 , 159 So. 112, 119-20 (1935)).

1995Lump sum alimony "is a settlement between the husband and the wife as to the interest of the latter in his property, and as to the extent of the husband's duty to contribute to her maintenance and support." Retzer v. Retzer, 578 So.2d 580, 591 (Miss. 1990) quoting Miller v. Miller, 173 Miss. 44, 64 , 159 So. 112, 119-20 (1935)).

11
Gammage v. Gammagegreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 1995–1995
1 sentence

1995See also Gammage v. Gammage, 599 So.2d 569, 572 (Miss. 1992). "[T]he amount of an alimony award is a matter to a great extent within the discretion of the chancery court because of its peculiar opportunity to sense the equities of the situation before it." Holleman v. Holleman, 527 So.2d 90, 94 (Miss. 1988), citing Wood v. Wood, 495 So.2d 503 (Miss. 1986). *1123 "The chancery court's decision on alimony will not be disturbed on appeal unless it be found against the overwhelming weight of the evidence or manifestly in error." McNally v. McNally, 516 So.2d 499, 501 (Miss. 1987) (citing Harrell v

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ferguson v. Ferguson green
miss · 1994
2 sentences

2002"To aid appellate review, findings of fact by the chancellor, together with the legal conclusions from those findings are required." Ferguson, 639 So.2d at 929 . ¶ 17.

2000"To aid appellate review, findings of fact by the chancellor, together with the legal conclusions from those findings are required." Ferguson, 639 So. 2d at 929 . ¶17.

41993–2002
Clayton Frank Gutierrez v. Trisha Gutierrez green
miss · 2017
1 sentence

2024“We will not disturb the chancellor’s decision on alimony on appeal unless it is found to be against the overwhelming weight of the evidence or manifestly in error.” Id. (quoting Creekmore v. Creekmore, 651 So. 2d 513, 517 (Miss. 1995)). ¶37.

12024–2024
Cherry v. Cherry green
miss · 1991
1 sentence

2008A chancellor's decision to award alimony will not be reversed on appeal "unless it is found to be against the overwhelming weight of the evidence or manifestly in error." Id. (citing McNally v. McNally, 516 So.2d 499, 501 (Miss.1987)).

12008–2008
Martin v. Martin green
miss · 1972
1 sentence

1992"In the case of a claimed inadequacy or outright denial of alimony, we will interfere only where the decision is seen oppressive, unjust or grossly inadequate so as to evidence an abuse of discretion." McNally, 516 So.2d at 501 , citing Martin v. Martin, 271 So.2d 391 (Miss. 1972).

11992–1992

Statutes the citing opinions construe

MS § Miss. Code Ann. § 43-19-101 (11) MS § Miss. Code Ann. § 93-5-2 (6) MS § Miss. Code Ann. § 43-19-103 (5) MS § Miss. Code Ann. § 93-5-1 (3) MS § Miss. Code Ann. § 93-5-23 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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