Study Aids
Case Briefs Overview
Casebooks
Case Briefs
F

Fitzgerald v. Fitzgerald

914 So. 2d 193 (Miss. Ct. App. 2005)

From our private database of 47,000+ case briefs, written and edited by humans—never with AI.

Fitzgerald v. Fitzgerald

Mississippi Court of Appeals
914 So. 2d 193 (Miss. Ct. App. 2005)

Facts

When Michael Fitzgerald (defendant) married his second wife, Phyllis Fitzgerald (plaintiff), Michael and his first wife owed $100,000 in back taxes to the Internal Revenue Service (IRS). During their marriage, Michael and Phyllis borrowed $64,274 from a bank to pay off that premarital IRS debt. When Phyllis and Michael subsequently divorced, the trial court deemed the bank debt to be a marital debt, meaning a debt for which both Phyllis and Michael were responsible. The court then allocated the debt to Phyllis when making an equitable distribution of the spouses’ marital property and debts. Phyllis appealed, arguing that the bank debt was a nonmarital debt for which only Michael was responsible and that the debt therefore should have been allocated fully to Michael without factoring into the equitable distribution of marital property.

Rule of Law

Issue

Holding and Reasoning (Griffis, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 899,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 899,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 47,000 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 899,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 47,000 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership