Blossom v. Blossom
| Docket Number: | 2010-IA-00882-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 07-21-2011 Opinion Author: Pierce, J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Protective order - M.R.C.P. 26(d) Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and King, JJ. Dissenting Author : Lamar, J. Procedural History: Interlocutory Appeal Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 05-10-2010 Appealed from: Rankin County Chancery Court Judge: John S. Grant, III Disposition: The trial court issued a protective order. Case Number: 67221 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kelly Finn Blossom |
J. EDWARD RAINER, GARY LEE WILLIAMS |
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| Appellee: | Michael Blossom | CHRISTOPHER PAUL PALMER, MICHAEL A. BOLAND, FRANK D. EDENS, CRAIG LAWSON SLAY |
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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: | Protective order - M.R.C.P. 26(d) |
| Summary of the Facts: | The Rankin County Chancery Court issued a protective order denying Kelly Blossom’s attempt to take the deposition of two witnesses in her pending divorce case. One of the witnesses was a minor victim in a criminal case (“C.B.”) in which Kelly eventually pleaded guilty to having committed sexual battery. The other potential deponent, a minor named R.W., was identified by Kelly as having knowledge about “the rape” in the criminal case. At the time the trial court issued the protective order, Kelly was being prosecuted for sexual battery in the Rankin County Circuit Court and was represented by the same counsel for both the criminal prosecution and the divorce proceeding. The Supreme Court granted an interlocutory appeal. |
| Summary of Opinion Analysis: | Both parties stipulate that the issue of this appeal is whether the chancellor in the lower court erred by entering a protective order, enjoining and preventing Kelly from taking the deposition of both C.B. and R.W. M.R.C.P. 26(d) sets out the guidelines and requirements of a protective order. The chancellor erred by granting the protective orders without meeting the requirements set out in Rule 26(d). The fact that a witness is an “alleged minor victim of a crime” alone, does not constitute sufficient grounds to deny a party the right to depose that witness. The trial court is not precluded from granting the issuance of the protective orders, but further explanation regarding the issues and requirements set out in the rules is necessary to warrant the issuance of a protective order. |
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