M.W.F. v. D.D.F.


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Docket Number: 2003-CA-02642-COA
Linked Case(s): 2003-CT-02642-SCT ; 2003-CT-02642-SCT ; 2003-CA-02642-COA
Court of Appeals: Opinion Link
Opinion Date: 07-26-2005
Opinion Author: Barnes, J.
Additional Case Information: Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS
Writ of Certiorari: Granted
Appealed from Court of Appeals
Trial Court: Date of Trial Judgment: 11-12-2003
Appealed from: Greene County Chancery Court
Judge: Jaye A. Bradley, Sr.
Disposition: WIFE GRANTED FAULT DIVORCE
Case Number: 2003-19
Note: The chancellor granted D. D. F. a divorce on the ground of habitual cruel and inhuman treatment. M. W. F. appealed, and the Court of Appeals unanimously affirmed the decision of the chancellor by an opinion handed down on July 26, 2005. The Court of Appeals denied M.W.F.’s motion for rehearing on October 11, 2005. M.W.F. has filed a petition for writ of certiorari. D.D.F. has not filed a response to the petition. After a careful review of the record, we are constrained, as a matter of law, to find that the chancery court judgment from which M.W.F. appeals was not a final judgment. Because the judgment was not certified pursuant to Miss. R. Civ. P. 54(b), this Court and the Court of Appeals lack jurisdiction to consider the appeal. Thus, having granted the petition for writ of certiorari, we now find the appeal must be dismissed for want of jurisdiction.
  Party Name: Attorney Name:  
Appellant: M.W.F.




 BILLY PARLIN



  
Appellee: D.D.F. DARRYL A. HURT, JR.  


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