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Fry v. Fry

Court of Appeals of Arkansas, Division IV

May 20, 2015

SANDRA JEAN FRY, APPELLANT
v.
JIMMY WAYNE FRY, APPELLEE

Editorial Note:

This opinion is uncorrected and subject to revision before publication in the printed official reporter.

APPEAL FROM THE HEMPSTEAD COUNTY CIRCUIT COURT. NO. 29DR13-221-1. HONORABLE RANDY WRIGHT, JUDGE.

Robert S. Tschiemer, for appellant.

Wilson, Walker & Short, by: Charles M. Walker, for appellee.

OPINION

Page 739

WAYMOND M. BROWN, Judge

This appeal involves the division of marital property following the parties' 2014 divorce. Sandra Jean (Flowers) Fry brings this appeal from the Hempstead County Circuit Court's decree ending her marriage to Jimmy Wayne Fry. For reversal, Sandra Fry argues that the circuit court erred by (1) disregarding the parties' prenuptial agreement when it considered her pre-marital inheritance in diminishing her marital property rights; (2) making an unequal division of property on the basis of inheritance property; and (3) misapplying the relevant factors for division of marital property pursuant to Arkansas Code Annotated § 9-12-315(a)(1)(A)(i)-(ix). Because we find no error in the circuit court's decision, we affirm.

The parties separated in August 2013 after twenty-two years of marriage, and Sandra Fry filed her petition for divorce on September 11, 2013. Previously the parties had married in 1981 and divorced in 1983. Prior to their second marriage, the parties executed a " Mutual Disclaimer of Interest," agreeing that any inheritance received from the parties' parents would remain separate property. Below is the portion of the agreement at issue in this appeal.

Husband waives, releases, foregoes, and disclaims all of his rights in any and all property, real, personal, or mixed, wheresoever situated, which Wife is or

Page 740

may become seized or possessed, either by gift or inheritance from W.D. Flowers, Jr. or Daris Jean Flowers and expressly waives all right to inherit from Wife any of such property under the laws of any and all States of the United States, and agrees that Wife shall have the right to dispose of all of said property by Will.

In 2012, W.D. Flowers died leaving his daughter, Sandra Fry, as the sole beneficiary of his approximately $600,000 estate. At a bench trial on May 12, 2014, she testified that she was seeking an equal division of marital property and introduced the premarital contract without objection. Conversely, appellee introduced evidence of account values and certain appraised portions of real estate owned by appellant, over her objection, as well as her inheritance from her father, requesting the circuit court make an unequal property division. The court granted appellant's petition for divorce on the basis of general indignities, and in an order dated May 15, 2014, divided the property as follows:

In consideration of all the evidence presented, and for the reasons stated above, the Court awards Sandra Fry her Roth IRA, her IRA, the Arkansas Diamond account, the Ameriprise account, her APERS retirement, any interest she may have in a personal service corporation of which evidence was presented showing she ...

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