Holloway v. Mills
| Docket Number: | 2003-CA-00855-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Child support - Reimbursement of medical bills Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 03-19-2003 Appealed from: Hinds County Chancery Court Judge: Patricia D. Wise Disposition: AWARDED REIMBURSEMENT OF $4,864.27 IN MEDICAL BILLS Case Number: G-2001-1948 W/4 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bera G. Holloway |
HENRY C. CLAY |
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| Appellee: | Leslie J. Mills | PRO SE |
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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: | Child support - Reimbursement of medical bills |
| Summary of the Facts: | Leslie Mills and Bera Holloway are the parents of a minor child. In 1994, the 264th Judicial District Court of Harris County, Texas, entered an order under the Uniform Interstate Family Support Act, in which Mills was given custody of the child and Holloway was ordered, among other things, to pay child support and provide insurance coverage for the child. Both parties subsequently relocated to Hinds County. Holloway filed a complaint for visitation in the Hinds County Chancery Court, and Mills answered and counter-claimed for proof of insurance, for reimbursement for medical expenditures, and for an increase in child support. After an order was entered, Mills filed a petition to enforce the prior judgment. The chancellor ordered that Holloway reimburse Mills $4,864.27 in medical bills. Holloway appeals. |
| Summary of Opinion Analysis: | Holloway argues that the court abused its discretion in allowing Mills to submit medical bills at the hearing. However, at the earlier hearing, the chancellor clearly indicated that she would reserve ruling on Holloway's liability for the medical bills until there was a determination that he lacked insurance during the time in question. Because the chancellor reserved her ruling on Holloway's liability for the medical bills, she did not abuse her discretion in hearing evidence on the issue of medical bills at the subsequent hearing. Holloway also argues that he should not have to reimburse Mills for the medical expenses. Where a party is required to pay medical expenses for which he has insurance coverage, the bills must be submitted to him promptly for payment so that he may then submit them to his insurance company. Holloway has not provided a shred of evidence that the child was covered by his insurance policy at the time the medical expenses were incurred. Therefore, the chancellor did not abuse her discretion in requiring Holloway to pay for medical charges incurred due to his failure to insure his child. |
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