Dudley v. Harris
| Docket Number: | 2006-CA-01733-COA Linked Case(s): 2006-CA-01733-SCT ; 2006-CA-01733-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-08-2008 Opinion Author: IRVING, J. Holding: Appeal Dismissed for Lack of Jursidiction |
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| Additional Case Information: |
Topic: Child custody - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 26 - M.R.A.P. 2(a)(1), © Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 09-08-2006 Appealed from: LOWNDES COUNTY CHANCERY COURT Judge: Robert L. Lancaster Disposition: CHILD CUSTODY AWARDED TO FATHER Case Number: 01-702 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LA’KIMBERLY DUDLEY |
JEFFREY J. HOSFORD |
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| Appellee: | METYOR HARRIS | CURTIS H. AUSTIN |
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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 custody - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 26 - M.R.A.P. 2(a)(1), © |
| Summary of the Facts: | La’Kimberly Dudley appeals the chancery court’s grant of custody to her child’s father, Metyor Harris. |
| Summary of Opinion Analysis: | Final judgment in this case was entered on September 8, 2006. According to M.R.A.P. 4(a), Dudley had thirty days to file her notice of appeal. The thirtieth day was October 8, 2006, which was a Sunday. Thus, Dudley had until Monday, October 9, to file her notice of appeal pursuant to M.R.A.P. 26. However, the notice was not filed until October 10. Dudley’s failure to file a timely appeal bars the Court’s consideration of her appeal, as the Court lacks jurisdiction to hear an untimely appeal. M.R.A.P. 2(a)(1) and © states that dismissal is mandatory in civil cases. |
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