Beamer v. Beamer
| Docket Number: | 2008-CA-01368-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-01-2009 Opinion Author: IRVING, J. Holding: APPEAL DISMISSED |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Jurisdiction - M.R.A.P. 4(d) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 07-10-2008 Appealed from: Adams County Chancery Court Judge: Kennie Middleton Disposition: GRANTED AN IRRECONCILABLE DIFFERENCES DIVORCE, AWARDED CUSTODY, AND ORDERED CHILD SUPPORT Case Number: 2006-557 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ERIC R. BEAMER |
A. HOLMES STURGEON |
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| Appellee: | FANNIE M. BEAMER | MICHAEL T. SHAREEF | ||
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: Irreconcilable differences - Jurisdiction - M.R.A.P. 4(d) |
| Summary of the Facts: | Eric Beamer and Fannie Beamer were granted an irreconcilable differences divorce. The court awarde physical custody of their minor child to Fannie. The court also ordered Eric to pay child support. Eric appeals. |
| Summary of Opinion Analysis: | On July 29, 2008, the chancellor entered a judgment wherein he granted the parties a divorce, divided the marital estate, awarded custody of the minor child, and ordered Eric to pay child support. Thereafter, on August 4, 2008, Fannie filed a motion for reconsideration. The chancellor never ruled on this motion. Nevertheless, on August 8, 2008, Eric filed a notice of appeal in the chancery court. Because the chancellor did not rule on Fannie’s motion before Eric filed his notice of appeal, Eric’s action was premature under M.R.A.P. 4(d), as there was no final judgment from which he could appeal. Thus, the case is dismissed for lack of appellate jurisdiction. |
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