Hampton v. Hampton
| Docket Number: | 2005-CA-01531-COA Linked Case(s): 2005-CA-01531-COA ; 2005-CT-01531-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-07-2007 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Judge(s) Concurring: KING, C.J., LEE, P.J., CHANDLER, GRIFFIS, ISHEE AND CARLTON, JJ. Dissenting Author : IRVING, J. Concurs in Result Only: BARNES AND ROBERTS, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 07-14-2005 Appealed from: WARREN COUNTY CHANCERY COURT Judge: Vicki Barnes Disposition: MOTION TO ALTER JUDGMENT OF DIVORCE DENIED. Case Number: 2004-157GN |
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| Party Name: | Attorney Name: | |||
| Appellant: | JOSEPH TODD HAMPTON |
CHRISTOPHER A. TABB |
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| Appellee: | MELISSA HAMPTON | DAVID M. SESSUMS |
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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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| Summary of the Facts: | Melissa Hampton was granted an uncontested divorce from Joseph Todd Hampton on the ground of uncondoned adultery. Joseph motioned the lower court to set aside the judgment of divorce, alleging that he did not receive proper notice of the hearing on the divorce petition. His motion was denied, and he appeals. |
| Summary of Opinion Analysis: | Issue 1: Venue Joseph argues that the divorce suit was improperly in the Warren County chancery court because, prior to filing the complaint, Melissa claimed homestead exemption in Hinds County. Even if proper venue is lacking in a divorce action, dismissal is not the proper remedy, but rather the case is to be transferred to the proper venue as provided by M.R.C.P. 82(d). If the defendant in a divorce suit is a nonresident of Mississippi, such as in this case, section 93-5-11 mandates that all divorce complaints, with the exception of those brought on the grounds of irreconcilable differences, are to be filed in the county in which the plaintiff resides. The county where a party claims homestead exemption is but one of many factors considered in determining the residence of a party. At the hearing, Melissa testified that she moved to an apartment located in Warren County approximately seven months before filing her complaint for divorce. She further testified that she was in the process of selling the couple’s former home located in Hinds County, upon which the homestead exemption was claimed, but had refrained from selling the house pending the finality of the couple’s divorce. Additional testimony adduced that Melissa registered her vehicle and obtained her car tags in Warren County. Given this evidence, the chancery court’s jurisdiction over the divorce action properly lay in Warren County. Issue 2: Personal service Joseph argues that the lower court erred in finding that he was properly served in the matter, asserting that the complaint and summons with which he was served bore an incorrect cause number. Within the record, there exists every indication that the complaint and summons were properly served upon Joseph, evidenced by the executed summons filed in the docket bearing the proper return. Having this evidence before her, the chancellor did not err in finding against Joseph on his motion to set aside the divorce judgment. |
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