Forrest v. McCoy
| Docket Number: | 2007-CP-01760-COA Linked Case(s): 2007-CP-01760-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-21-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contempt - Res judicata - Attorney’s fees - Sanctions - M.R.A.P. 38 Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Chandler, 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: 09-05-2007 Appealed from: Hinds County Chancery Court Judge: J. Dewayne Thomas Disposition: MOTION FOR CONTEMPT DENIED Case Number: 134,295 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DIANE RENE PERSONS MCCOY FORREST |
DIANE RENE PERSONS MCCOY FORREST (PRO SE) |
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| Appellee: | KENDALL MCCOY | TRACY STIDHAM STEEN, STEPHANIE GEE BEAVER |
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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: | Contempt - Res judicata - Attorney’s fees - Sanctions - M.R.A.P. 38 |
| Summary of the Facts: | Diane McCoy Forrest filed a motion for contempt against Kendall McCoy, alleging that McCoy failed to pay child support for a year. The chancellor denied the motion, and Forrest appeal. |
| Summary of Opinion Analysis: | Forrest argues that the chancellor erred by denying her request for child support for the thirteen months covered by a temporary order. When a court of competent jurisdiction has entered a final judgment on the merits of an action, the doctrine of res judicata precludes a party from relitigating claims that were actually litigated and determined or could have been litigated and decided in a prior action. In a previous appeal, the Court of Appeals found that Forrest failed to appeal the denial of back child support for a sixteen-year period, which included the time covered by the temporary support order. Thus, Forrest is now precluded by res judicata from raising a claim for back child support due under the temporary order. However, this decision is made without any prejudice to the right of the couple’s son to recover unpaid child support on his own behalf. Forrest also argues that the chancellor erred by not awarding her fees incurred in pursuit of this action because she is financially unable to pay the court costs. When the court denies a spouse’s petition for contempt, no award of attorney’s fees is warranted. McCoy requested sanctions, but Forrest’s appeal is not frivolous under M.R.A.P. 38. |
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