Janice Hope Smith v. Eric Scott Smith

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s denial of an appeal from a Tucker County family court divorce order. The Court held that the family court did not err in awarding each party the property in their possession where the petitioner failed to file responsive pleadings, failed to appear at the final hearing, and did not substantiate her claims of fraud or entitlement to equitable distribution.

Holdings

1. The family court did not commit reversible error by awarding each party the property currently in that party's possession where the uncontested evidence showed that the parties had previously separated their real and personal property and each possessed that property.
2. A party alleging fraud must clearly and distinctly prove it, and an appellate court will not reverse based on fraud when the alleged error does not affirmatively appear in the appellate record.
3. The Court may affirm a lower court's judgment on any legal ground disclosed by the record, regardless of the ground, reason, or theory assigned by the lower court.

Questions Presented

1. Whether the lower courts erred by failing to order a different equitable distribution of the parties' marital assets.
2. Whether alleged fraud in Eric Scott Smith's financial disclosures and testimony required reversal or reconsideration of the property distribution.
3. Whether the family court committed reversible error by proceeding with the final divorce hearing when Janice Hope Smith had not filed a responsive pleading and did not appear.

Disposition

affirmed