Hinson v. Hinson


<- Return to Search Results


Docket Number: 2003-CA-00239-COA
Linked Case(s): 2003-CA-00239-COA

Court of Appeals: Opinion Link
Opinion Date: 06-29-2004
Opinion Author: Irving, J.
Holding: Dismissed

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

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
  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



 

Appellee: Melvin Hinson EDWIN WOODS  

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.

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.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court