In re Spiers v. Spiers
| Docket Number: | 2007-CA-00267-SCT Linked Case(s): 2007-CA-00267-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 08-21-2008 Opinion Author: LAMAR, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Disinterment of body Judge(s) Concurring: SMITH, C.J., WALLER AND DIAZ, P.JJ., CARLSON, DICKINSON AND RANDOLPH, JJ. Dissenting Author : EASLEY AND GRAVES, JJ., without separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 01-10-2007 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: The circuit court denied Hastings's petition to have the body of her daughter, Victoria ("Tori") Spiers, disinterred so that she could be buried in Wichita Falls, Texas, where Tori had lived with Hastings. Joel Spiers, Tori’s natural father, objected. Case Number: C 06-KV-0222-J |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | IN RE: BODY OF VICTORIA SPIERS AGE 10, DECEASED: CARMEN D. HASTINGS |
EDWIN WOODS, JR. |
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| Appellee: | JOEL SCOTT SPIERS | JAMES M. PRIEST, JR. | ||
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: | Disinterment of body |
| Summary of the Facts: | Carmen Hastings petitioned the circuit court to have the body of her daughter, ten-year-old Victoria Spiers, disinterred so that she could be buried in Wichita Falls, Texas, where Victoria had lived with Hastings. Joel Spiers, Victoria’s natural father, objected. The circuit court denied Hastings’ petition, and Hastings appeals. |
| Summary of Opinion Analysis: | There is no rigid rule for either permitting or refusing removal of a body once interred and each case must be determined on its own merits with due regard to five factors: public interest, wishes of the decedent, rights and feelings of those entitled to be heard by reason of relationship, rights and principles of religious bodies or other organizations which granted interment in the first burial site, and whether consent was given to interment in the first burial site by the one claiming the right of removal. In this case, the trial court found in its bench ruling that public interest was not a factor in this case. Not surprisingly, given her young age, there was no evidence as to Victoria’s wishes on where she would be buried. There was no evidence that the rights and principles of any religious bodies or other organizations would be affected in this matter. It is also eminently clear that Hastings, Victoria’s primary custodial parent, did not consent to her burial in Mississippi. (Hastings was injured in the same plane crash that killed Victoria and was in the hospital when Victoria was buried.) Only one voice was heard at the hearing on this case, that of Carmen Hastings. Spiers was not present at the hearing, but he was represented by counsel. The majority of Hastings’ testimony described Victoria’s connection to Wichita Falls, Texas, where she had spent her entire life. Though Hastings was severely injured, she still protested Victoria’s Mississippi burial. The trial record shows that, after seven and a half hours of reconstructive surgery on her face, a very swollen Hastings managed to hold one eye open so that she could read, sign, and write her social security number on a statement averring that she was competent to make a decision as to Victoria’s burial and that she wanted her buried in Wichita Falls, Texas. The trial court admitted several times that the only reason Victoria was not buried in Wichita Falls was that her mother was injured. While there is no evidence of any hostility towards Hastings when she has visited Victoria’s grave, it is obviously difficult for her to visit given the distance between her home in Texas and Mississippi. Considering the totality of the record, the evidence supports Hastings’ petition. |
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