Walters v. Walters
| Docket Number: | 2005-CP-01731-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-17-2007 Opinion Author: Chandler, J. Holding: Dismissal |
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| Additional Case Information: |
Topic: Divorce: Constructive desertion - Jurisdiction of appellate court - Final judgment - M.R.C.P. 58 - M.R.C.P. 54(b) - M.R.A.P. 4(b) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 07-07-2005 Appealed from: Jones County Chancery Court Judge: J. Larry Buffington Disposition: JUDGMENT OF DIVORCE ENTERED. Case Number: 2004-0757 |
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| Party Name: | Attorney Name: | |||
| Appellant: | SYLVIA A. WALTERS |
SYLVIA A. WALTERS (PRO SE) |
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| Appellee: | MORRIS MOORE WALTERS | MICHAEL DUANE MITCHELL |
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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: | Divorce: Constructive desertion - Jurisdiction of appellate court - Final judgment - M.R.C.P. 58 - M.R.C.P. 54(b) - M.R.A.P. 4(b) |
| Summary of the Facts: | Morris Walters filed for divorce from Sylvia Walters on the ground of habitual cruel and inhuman treatment. The court denied the divorce. Sylvia later filed a complaint for separate maintenance, and Morris filed an answer and cross-complaint for divorce asserting the ground of desertion. The court entered a document styled, "Final Judgment of Divorce," finding that Morris had proven constructive desertion and awarding Morris a divorce absolute from Sylvia. The last sentence of the order stated, "This divorce shall not be final until such time as the Court has had a hearing to make an equitable distribution of the property of the parties." Sylvia filed a notice of appeal. During the pendency of the appeal, the court entered a "Final Judgment of Divorce," granting Morris a divorce from Sylvia on the ground of constructive desertion. |
| Summary of Opinion Analysis: | A final, appealable, judgment is one that adjudicates the merits of the controversy which settles all issues as to all the parties and requires no further action by the lower court. A judgment granting a fault-based divorce is a non-final order if issues attendant to the fault-based divorce, such as property division, remain before the lower court. When the judgment of divorce was entered, the issue of property division remained before the chancery court. Therefore, under M.R.C.P. 58, the judgment was not a final judgment from which an appeal could be taken. At the hearing on Sylvia's post-trial motion, the chancellor announced his intention to allow Sylvia to appeal from the judgment of divorce pursuant to M.R.C.P. 54(b) and directed that Morris's counsel prepare an order to that effect for the chancellor's signature. Apparently, that order was the one entered later and styled "Final Judgment of Divorce." The appellate court can consider the judgment under M.R.A.P. 4(b) even though it was entered during the pendency of Sylvia's appeal from the non-final judgment. The “Final Judgment of Divorce” functioned as a final judgment from which a Rule 54(b) appeal could be taken only if the court complied with the requirements of Rule 54(b). For a judgment adjudicating fewer than all of the claims to be made final and appealable under Rule 54(b), the trial court must make an expressed direction for the entry of final judgment and an expressed determination that there is no just reason for delay. In this case, the chancellor expressly directed the entry of a final judgment, satisfying the first requirement. However, the chancellor never determined that there was no just reason for delay. Therefore, the case is dismissed for lack of jurisdiction. |
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