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Lister v. Lister

Court of Appeals of Mississippi
981 So. 2d 340 (2008)


Facts

Judy Lister (plaintiff) married Orville Lister (defendant) in 1982. Mr. Lister established a small business in which Mrs. Lister served as the secretary, office manager, and bookkeeper. In 1999, Mr. Lister hired Sheila Walters as the receptionist. Mrs. Walters was married to Joseph Walters at the time. Mrs. Lister began to suspect an affair between Mr. Lister and Mrs. Walters based upon the time they spent together, unexplained simultaneous absences by both of them, and the fact that Mr. Lister loaned Mrs. Walters money. Mrs. Lister fired Mrs. Walters. Mr. Lister then fired Mrs. Lister and rehired Mrs. Walters. He gave her Mrs. Lister’s office and cell phone and allowed her to drive company vehicles. Mrs. Lister moved out of the couple’s home and filed for divorce on the grounds of adultery. Mrs. Walters moved into a mobile home next door to Mr. Lister. He gave her money to pay for a divorce from her husband. They also took long trips together. Mr. Walters stated that after his wife moved out of their home, he saw her staying at Mr. Lister’s house for five days in a row. In the Listers’ divorce trial, it was revealed that Mr. Lister failed to fully disclose his assets. He and Mrs. Walters denied committing adultery. The trial court granted Mrs. Lister’s divorce on the grounds of adultery. Mr. Lister appealed.

Rule of Law

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Issue

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Holding and Reasoning (Chandler, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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