D.C. v. D.C.
| Docket Number: | 2006-CA-00320-SCT Linked Case(s): 2006-CA-00320-SCT ; 2006-CA-00320-SCT ; 2006-CA-00320-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-19-2008 Opinion Author: WALLER, P. J. Holding: The motion for rehearing is granted. The original opinion is withdrawn and this opinion substituted therefor. APPEAL DISMISSED |
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| Additional Case Information: |
Topic: Modification of custody - Fugitive dismissal rule Judge(s) Concurring: SMITH, C.J., CARLSON, DICKINSON AND LAMAR, JJ. Non Participating Judge(s): DIAZ, P.J., AND RANDOLPH, J. Dissenting Author : EASLEY, J., without separate written opinion. Concurs in Result Only: GRAVES, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS; Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 02-10-2006 Appealed from: Clarke County Circuit Court Judge: Sarah P. Springer Disposition: This case involved a contentious post-divorce custody fight centering on the mother’s allegations of sexual abuse of the minor daughter by the father, with the eventual flight by the mother with the two minor children prior to trial. After one year of acrimonious litigation, the chancellor granted the father’s amended petition for custody modification and awarded him and the Mississippi Department of Human Services (DHS) joint legal and physical custody of the parties’ two children. The mother, who remained at large with the children, appealed. Case Number: 00-0038-S |
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| Party Name: | Attorney Name: | |||
| Appellant: | D.C. and S.G. |
JANE E. TUCKER,
JAMES W. CRAIG |
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| Appellee: | D.C. | J. STEWART PARRISH |
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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: | Modification of custody - Fugitive dismissal rule |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. This case involved a contentious post-divorce custody fight centering on the mother’s allegations of sexual abuse of the minor daughter by the father, with the eventual flight by the mother with the two minor children prior to trial. The chancellor granted the father’s amended petition for custody modification and awarded him and the Mississippi Department of Human Services joint legal and physical custody of the parties’ two children. The mother, who remained at large with the children, appealed. In its prior opinion, the Court applied the fugitive dismissal rule and the doctrine of unclean hands and dismissed the mother’s appeal but withheld the issuance of the mandate for forty days and set conditions which, if met by the mother within that time, would warrant reinstating her appeal. The Court also addressed an issue of grandparents’ visitation. On rehearing, the mother argues that the merits of the grandparents’ visitation should not have been addressed and that the Court should address the merits of her own appeal. |
| Summary of Opinion Analysis: | The father argues that the fugitive dismissal rule and the doctrine of unclean hands should be applied and the Court should refrain from considering the merits of the mother’s appeal. Where a person is convicted of a felony and perfects an appeal and escapes from custody pending his appeal, such action shall be deemed an abandonment of the appeal and will be subject to a motion by the state to dismiss such appeal. However, such dismissal shall be subject to be reinstated on motion of appellant showing good cause therefor. The best interest of the child is the polestar consideration in custody matters. It would not serve the best interest of the children if the Court were to allow the mother, who has demonstrated a recurring disregard for the orders of the chancery court, to proceed with her appeal. The mother’s appeal is therefore dismissed. The matter of grandparents’ visitation was not properly before the Court as the grandmother’s appeal had been remanded to the trial court. |
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