Hinson v. Hinson
Docket Number: | 2003-CA-00239-COA Linked Case(s): 2003-CA-00239-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 06-29-2004 Opinion Author: Irving, J. Holding: Dismissed |
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Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Bench opinion - M.R.C.P. 58 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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Trial Court: |
Date of Trial Judgment: 10-01-2002 Appealed from: Warren County Chancery Court Judge: Jane R. Weathersby Disposition: GRANTED DIVORCE ON GROUND OF IRRECONCILABLE DIFFERENCES, AWARDED THE PARTIES JOINT LEGAL CUSTODY OF THE MINOR CHILDREN WITH PHYSICAL CUSTODY TO APPELLANT AND REASONABLE VISITATION GRANTED TO APPELLEE. APPELLEE ORDERED TO PAY $1,300 MONTHLY CHILD SUPPORT, $350 MONTHLY PERIODIC ALIMONY, AND MAINTAIN HEALTH INSURANCE FOR THE MINOR CHILDREN AND LIFE INSURANCE ON HIMSELF FOR THE BENEFIT OF THE CHILDREN. MARITAL ESTATE DIVIDED BETWEEN THE PARTIES Case Number: 2001-248GN |
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Consolidated: Consolidated with 2005-CA-00844-COA Andrea Marshall Elam f/k/a Andrea Carol Marshall Hinson v. Melvin Hinson; Warren Chancery Court; LC Case #: 2001-248GN; Ruling Date: 10/01/2002; Ruling Judge: Jane Weathersby |
Party Name: | Attorney Name: | |||
Appellant: | Andrea Carol Marshall Hinson |
B. BLAKE TELLER |
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Appellee: | Melvin Hinson | EDWIN WOODS |
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Topic: | Divorce: Irreconcilable differences - Bench opinion - M.R.C.P. 58 |
Summary of the Facts: | Andrea and Melvin Hinson were divorced on the ground of irreconcilable differences. The chancellor divided the property between the parties and awarded Andrea periodic alimony. Andrea appeals. |
Summary of Opinion Analysis: | The record reveals only a bench opinion, and no final judgment. The bench ruling which the parties treated as a final judgment fails to comply with M.R.C.P. 58, which states that every judgment shall be set forth on a separate document which bears the title of 'Judgment.' Because the chancellor’s bench opinion does not have the requisite finality to make it appealable, this appeal is dismissed. In addition, the chancellor failed to make required findings of fact as to the basis for her ruling. |
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