Christopher Joseph Cummins v. Leah Jordan Goolsby
Christopher Joseph Cummins v. Leah Jordan Goolsby
Opinion
¶ 1. Dr. Christopher Cummins-a married man who was separated but not divorced from his wife-began a romantic relationship with one of his employees, Leah Jordan Goolsby (Jordan). The two began living together, had a child, and became engaged to one another. But Dr. Cummins never divorced his wife. And he and Jordan never married. Jordan eventually ended their relationship and kept the engagement ring and wedding ring he gave her. When Jordan filed a paternity suit for child-support payments for their child, Dr. Cummins counterclaimed for the rings, which together were worth $11,435. Alternatively, he argued that if Jordan was awarded the rings, their value should be deducted from any child-support obligation.
¶ 2. The chancellor found Dr. Cummins had made a completed inter vivos gift. So she awarded the rings to Jordan. The chancellor found that the rings were not a conditional gift, because the condition of marriage was not met, since Dr. Cummins had remained married to his wife. The chancellor certified the ruling on the ring issue as a final judgment, and Dr. Cummins appealed.
¶ 3. After review, we agree the fatal fact to Dr. Cummins's claim was his marriage to another woman. Because Dr. Cummins could not legally marry at the time he gave the engagement rings, he cannot argue to a court of equity that he is entitled to get the rings back, since the condition of marriage never took place. Because Dr. Cummins has no right to recover the rings due to his unclean hands, we affirm.
Background Facts and Procedural History
¶ 4. Jordan started working at Dr. Cummins's medical practice in July 2013. In August, although he was married but separated from his wife, he and Jordan became romantically involved and moved in together. The couple then had a child on June 29, 2015. All during this time, Dr. Cummins's divorce was supposedly pending but never was finalized. 1 Still, he had given Jordan an engagement ring and a wedding ring allegedly worth $11,435.
¶ 5. But Dr. Cummins remained married to his wife and failed to get a divorce. So Jordan broke off the engagement in September 2016. Jordan also claimed that she no longer wished to marry Dr. Cummins "based upon his erratic and abusive conduct and the decision to break off the engagement was mutual."
¶ 6. On March 1, 2017, Jordan filed a petition to establish paternity, among other relief, for her and Dr. Cummins's child. On April 21, 2017, Dr. Cummins responded and filed a counterclaim for return of the rings. Alternatively, he asserted he was entitled to a credit for the rings' value against any financial obligation he might be ordered to pay. The Prentiss County Chancery Court heard arguments on Dr. Cummins's counterclaim on May 15, 2017. Dr. Cummins argued that, under
Cooley v. Tucker
, the rings were a conditional gift, and the condition-marriage-was never met.
See
Cooley v. Tucker
,
¶ 7. The chancellor ruled that when Dr. Cummins gave the rings to Jordan, the condition to marry could not be completed because he remained married to his wife. Therefore, Jordan was awarded the rings as a completed inter vivos gift. The trial court entered its Rule 54(b) Final Judgment on Limited Issue the next day. Dr. Cummins filed his Notice of Appeal on June 23, 2017. The single issue on appeal is whether the chancellor erred by awarding the rings to Jordan.
Discussion
¶ 8. We will not disturb a chancellor's findings unless they are manifestly wrong, clearly erroneous, or applied the wrong legal standard.
McNeil v. Hester
,
¶ 9. Dr. Cummins argues that the chancellor failed to follow the
Cooley v. Tucker
decision. In that case, the Court of Appeals applied the following test to determine whether an engagement ring was a completed inter vivos gift: "(1) a donor competent to make a gift[;] (2) a voluntary act of the donor with donative intent[;] (3) the gift must be complete with nothing else to be done[;] (4) there must be delivery to the donee[; and] (5) the gift must be irrevocable.' "
Cooley
,
¶ 10. But this case is not like Cooley .
¶ 11. First, we would note that the context is different.
Cooley
involved a replevin action filed by the former boyfriend after the dating relationship had ended. In this case, it was only after Jordan sued Dr. Cummins to establish paternity and to receive financial support for their child that Dr. Cummins asserted his counterclaim to the rings and specifically plead that the value of the rings should be credited against any financial obligation he owed to Jordan as their child's father. Although the child-support issue is not before this Court on appeal, we find it worth noting that child-support benefits belong to the child, not to the custodial parent who receives the benefits under a fiduciary duty to use them for the benefit and protection of the child.
Edmonds v. Edmonds
,
¶ 12. Second, and more importantly, unlike the boyfriend in
Cooley
, Dr. Cummins was married when he gave Jordan the rings. In fact, he was still married when he asked the chancery court to order Jordan to give them back. As the chancellor recognized, Dr. Cummins's marriage is significant because he conditioned his gift on something he legally could not do-marry Jordan.
See
¶ 13. "[O]ne of the maxims of equity is, 'He who comes into equity must come with clean hands.' "
Thigpen v. Kennedy
,
¶ 14. Because, unlike the boyfriend in Cooley , Dr. Cummins had no right to have the rings returned as part of his paternity dispute with Jordan, the chancellor did not err when she awarded the rings to Jordan. We affirm the chancellor's judgment.
¶ 15. AFFIRMED.
WALLER, C.J., RANDOLPH AND KITCHENS, P.JJ., KING, BEAM, CHAMBERLIN AND ISHEE, JJ., CONCUR. COLEMAN, J., SPECIALLY CONCURS WITH SEPARATE WRITTEN OPINION JOINED BY ISHEE, J.; RANDOLPH, P.J., AND BEAM, J., JOIN IN PART.
¶ 16. The act of giving an engagement ring, wedding band, or the like defies easy categorization. Because the parties in the instant case stipulate that Cummins intended the rings as a conditional gift rather than consideration given in return for a promise to marry, I agree with the majority opinion. However, I write to point out that under still-controlling Mississippi law, civil actions for the breach of the promise to marry continue to be governed by contract law rather than the law of gifts.
¶ 17. The acceptance of a promise to marry forms a contract, and for decades Mississippi law has treated the breach of such a promise under contract law. In
Cooley v. Tucker
,
¶ 18. The opening sentence of the Court's opinion in
Carney v. McGilvray
,
¶ 19. More factually apt is
Ashley v. Dalton
,
¶ 20. Although the Court of Appeals in Cooley chose not to follow Carney and Ashley in that it did not analyze the issue presented under contract law, we never have overruled those cases and, in a case lacking the stipulations found in the record here, they might have well controlled.
ISHEE, J., JOINS THIS OPINION. RANDOLPH, P.J., AND BEAM, J., JOIN THIS OPINION IN PART.
Nothing in this record indicates the status of Dr. Cummins's divorce.
Reference
- Full Case Name
- Christopher Joseph CUMMINS v. Leah Jordan GOOLSBY
- Cited By
- 7 cases
- Status
- Published