Breland v. Breland


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Docket Number: 2005-CA-00449-COA

Court of Appeals: Opinion Link
Opinion Date: 01-17-2006
Opinion Author: Ishee, J.
Holding: Affirmed

Additional Case Information: Topic: Contempt - Void judgment - Section 93-5-2(1)
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis and Barnes, JJ.
Non Participating Judge(s): Roberts, J.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS

Trial Court: Date of Trial Judgment: 12-17-2004
Appealed from: Stone County Chancery Court
Judge: Carter Bise
Disposition: ORDER ENTERED FINDING JOE BRELAND IN CONTEMPT FOR FAILURE TO PAY CHILD SUPPORT.
Case Number: 2001-020-4

  Party Name: Attorney Name:  
Appellant: Joe Allen Breland




WALTER WESLEY TEEL



 

Appellee: Tina Marie Riels Breland MACK A. BETHEA  

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Topic: Contempt - Void judgment - Section 93-5-2(1)

Summary of the Facts: Joe Breland was cited with criminal contempt for failure to pay child support to his former spouse, Tina Breland. He appeals.

Summary of Opinion Analysis: Joe argues that pursuant to section 93-5-2(5), the judgment of divorce and the subsequent citation of contempt are void, as the judgment of divorce was entered without an order withdrawing the fault-based ground of habitual cruel and inhuman treatment. Joe filed neither an answer to the complaint for divorce, nor a counterclaim. Moreover, he admits in his appellate brief that the proceedings for divorce were uncontested. Without a contest or denial, a withdrawal of the fault ground is not required. In addition, Joe was personally served with process. Therefore, the Breland divorce proceedings met the requisite statutory mandates of section 93-5-2(1).


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