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Hussey v. Hussey

The trial court erred in allowing the husband to open and close arguments because the wife bore burden of proof on the only issues submitted to jury.

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An application to appeal was granted in this matter to consider whether the trial court erred by permitting the appellee to open and conclude the closing arguments made to the jury on the question of whether appellant was entitled to receive alimony and damages. Because appellant bore the burden of proof on all issues submitted to the jury, appellant was entitled to open and conclude the closing arguments. Therefore, we reverse.

Appellee Edward Hussey “Mr. Hussey” filed for divorce from appellant Vanessa Hussey “Ms. Hussey”. In his petition, Mr. Hussey sought divorce and a division of the marital property. Ms. Hussey counterclaimed for divorce and also sought alimony and damages for battery, as well as punitive damages. The matter was tried before a jury, and after the submission of all the evidence, but before closing arguments, Ms. Hussy moved for a directed verdict as to the granting of a divorce. Mr. Hussey did not oppose the motion, and a divorce was granted. At roughly this same time, the parties agreed to a division of marital property.

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