J.C., et al. v. W.F.S., et al.
| Docket Number: | 2003-CP-00242-COA Linked Case(s): 2003-CP-00242-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Termination of parental rights - Right to appeal in forma pauperis Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Barnes, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 01-24-2003 Appealed from: Marshall County Circuit Court Judge: Gray Evans Disposition: DENIED MOTION TO APPEAL IN FORMA PAUPERIS Case Number: M2002-017 |
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| Party Name: | Attorney Name: | |||
| Appellant: | J.C. and S.C. |
PRO SE |
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| Appellee: | W.F.S., L.Y. and R.Y. | PEGGY A. JONES JOHN G. WHEELER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Termination of parental rights - Right to appeal in forma pauperis |
| Summary of the Facts: | J.C. and S.C. brought suit, pro se, against attorney William Schneller, L.Y. and R.Y., and attorney Kay Cobb. The court granted summary judgment in favor of Schneller, the Youngs, and Cobb. J.C. and S.C. filed their notice of appeal and subsequently filed a motion to appeal in forma pauperis. The court denied their motion to proceed in forma pauperis, and they appeal. |
| Summary of Opinion Analysis: | There is no right to appeal in forma pauperis in a civil action unless a fundamental right is at issue. Since the circuit court did not decide, and could not have decided, to terminate J.C. and S.C.’s parental rights, their attempt to use the circuit court to resurrect a previously adjudicated matter by attempting to craft a new right of in forma pauperis appeal is without merit. |
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