Weaver v. Parks
| Docket Number: | 2005-CA-00932-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-12-2006 Opinion Author: Barnes, J. Holding: APPEAL DISMISSED SUA SPONTE |
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| Additional Case Information: |
Topic: Child custody - Criminal contempt - Fugitive dismissal rule Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 04-18-2005 Appealed from: Hinds County Chancery Court Judge: William Singletary Disposition: TEMPORARY CUSTODY OF MINOR CHILD AWARDED TO MATERNAL GRANDMOTHER; WEAVER FOUND IN CRIMINAL CONTEMPT OF COURT Case Number: G2004-532 S/2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Maurice Weaver |
LISA MISHUNE ROSS |
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| Appellee: | Debra Parks | LOUIS JOSEPH GUICHET |
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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: | Child custody - Criminal contempt - Fugitive dismissal rule |
| Summary of the Facts: | Maurice Weaver was found to be in constructive criminal contempt of court for absconding with his minor child in violation of an agreed order and for his refusal to return and submit to the jurisdiction of the Chancery Court of Hinds County. Unaware of her client’s whereabouts, Weaver’s counsel perfected his appeal. |
| Summary of Opinion Analysis: | It is well settled that an appellate court may dismiss the appeal of a defendant who is a fugitive from justice during the pendency of his appeal. The fugitive dismissal rule, or fugitive disentitlement doctrine, operates to limit a litigant’s access to the judicial system whose authority he evades. Conduct which jeopardizes the health, safety, and welfare of a child is certainly worthy of deterrence. Weaver has unmistakably ignored the orders of the chancellor in the proceedings below and even acknowledged this fact in his response to one of the contempt petitions. Weaver remains at large with his child, their whereabouts and the child’s health status unknown. Allowing Weaver to employ the Court’s resources only if the outcome is favorable to him would be an affront to the dignity of the Court and would only encourage such behavior in the future. Accordingly, Weaver’s appeal is dismissed sua sponte. |
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