Breland v. Breland
Docket Number: | 2005-CA-00449-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 01-17-2006 Opinion Author: Ishee, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | Tina Marie Riels Breland | MACK A. BETHEA |
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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. |
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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