Parker v. Bliven
Docket Number: | 2009-CP-00470-COA Linked Case(s): 2009-CP-00470-COA ; 2009-CT-00470-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 10-26-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Modification of child support - Due process - Contempt - M.R.A.P. 4(a) - Attorney's fees Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, 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: 02-25-2009 Appealed from: Lamar County Chancery Court Judge: Sebe Dale, Jr. Disposition: HELD PARKER IN CONTEMPT FOR CHILD-SUPPORT ARREARAGE AND AWARDED ATTORNEY’S FEES Case Number: 2006-0028-GN-D |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Robert S. Parker |
PRO SE |
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Appellee: | Tessecca Bliven | SHEILA HAVARD SMALLWOOD |
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. |
Topic: | Modification of child support - Due process - Contempt - M.R.A.P. 4(a) - Attorney's fees |
Summary of the Facts: | Robert Parker filed a petition for modification of child support and custody. Tessecca Bliven filed her responsive pleading and a counterclaim. The chancellor dismissed Parker’s petition and entered a judgment on Bliven’s counterclaim. Parker appeals. |
Summary of Opinion Analysis: | Issue 1: Due process Parker argues that he was deprived of his right to due process when his counsel provided ineffective assistance of counsel and when Parker represented himself pro se. The rights to appointed counsel and to effective assistance of counsel do not apply in civil proceedings. Thus, Parker’s due-process rights were not violated. Issue 2: Contempt Parker argues that the chancellor erred when he found that Parker was in contempt, that Parker had unclean hands, and when the chancellor dismissed Parker’s two prior petitions. Parker’s arguments are without merit because these issues were not presented to the chancellor for his consideration. Issue 3: Child support Parker argues that the chancellor erred because the amount of the child-support award was outside of the Mississippi Child-Support Guidelines. The award of $300 per month in child support was set in the April 26, 2007, judgment. Parker did not appeal the April 26, 2007, judgment. Because Parker failed to appeal the judgment within thirty days as required by M.R.A.P. 4(a), this issue is without merit. |
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