S.E.B. v. R.E.B.
Docket Number: | 2010-CA-00074-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 06-28-2011 Opinion Author: Barnes, J. Holding: Dismissed |
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Additional Case Information: |
Topic: Divorce: Habitual cruel and inhuman treatment - Jurisdiction - Interlocutory order - M.R.C.P. 54(b) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Ishee, Roberts, Maxwell and Russell, JJ. Concurs in Result Only: Carlton, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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Trial Court: |
Date of Trial Judgment: 01-22-2010 Appealed from: Hinds County Chancery Court Judge: Denise Owens Disposition: HUSBAND GRANTED DIVORCE AND CUSTODY OF MINOR CHILDREN; MARITAL ESTATE DIVIDED AND DISTRIBUTED Case Number: G-2008-682 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | S.E.B. |
JULIE ANN EPPS
E. MICHAEL MARKS |
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Appellee: | R.E.B. | JOHN D. FIKE |
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: | Divorce: Habitual cruel and inhuman treatment - Jurisdiction - Interlocutory order - M.R.C.P. 54(b) |
Summary of the Facts: | R.E.B. (Ray) was granted a divorce from S.E.B. (Sara) on the ground of habitual cruel and inhuman treatment. The chancellor also awarded physical custody of the two minor children to Ray and made certain determinations regarding the distribution of the marital property. Sara appeals. |
Summary of Opinion Analysis: | Sara and Ray both requested child support in their respective complaint and countercomplaint; however, the chancellor did not rule on the issue of child support in either her bench opinion or written judgment. From her bench ruling, the chancellor mentioned child support twice, but she made no definitive ruling. Because the chancellor did not rule on the issue of child support, this judgment was not a final judgment. Generally, only final judgments are appealable. Without the entry of an M.R.C.P. 54(b) certificate, a trial court order which disposes of less than all of the claims against all of the parties in a multiple party or multiple claim action, is interlocutory. Here, the chancellor expressly declined to rule on the issue of child support. Further, she failed to certify the order as a final judgment under Rule 54(b). Accordingly, the appellate court has no jurisdiction. |
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