Hataway v. Dabney, et al.
| Docket Number: | 2009-CP-01923-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-30-2011 Opinion Author: Myers, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Wills & estates - Failure to present sufficient record - M.R.A.P. 10(a) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Entered Order Closing Estate Nature of the Case: CIVIL - WILLS, TRUSTS AND ESTATES |
|
| Trial Court: |
Date of Trial Judgment: 10-30-2009 Appealed from: Warren County Chancery Court Judge: William Willard Disposition: CLOSED THE ESTATE OF ELOISE W. DABNEY, DECEASED, AND DISCHARGED DAVID H. DABNEY AND FREDDIE DABNEY HATAWAY AS THE ESTATE’S CO-EXECUTORS Case Number: 96-141PR |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | In Re: The Estate of Eloise W. Dabney, Deceased, and The Estate of Mary Dabney Nicholls,Deceased: Freddie Dabney Hataway |
FREDDIE DABNEY HATAWAY, PRO SE |
|
|
| Appellee: | David H. Dabney, Dabney Nicholls Haugh, Kristi Tedder, Wendy Nicholls Wilhoit, Robert Richmond, Matt Richmond, Dana S. Ellis, Douglas Sevier, William M. Bost, Jr., The Dabney Company, L.P. and The Dabney Company L.L.C. | DAVID H. DABNEY, PRO SE |
|
|
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: | Wills & estates - Failure to present sufficient record - M.R.A.P. 10(a) |
| Summary of the Facts: | The Warren County Chancery Court entered an order and opinion, with factual findings and conclusions of law incorporated therein, closing the Estate of Eloise Dabney, deceased, and discharging David Dabney and Freddie Dabney Hataway as the Estate’s co-executors. Freddie appeals. |
| Summary of Opinion Analysis: | In her brief, Freddie asserts eleven assignments of error. According to the limited record, numerous hearings were conducted in the chancery court throughout the administration of this estate, and the chancery court based its final findings of fact and conclusions of law on the arguments and the evidence presented at those hearings, which included oral testimony. In contravention of M.R.A.P. 10(a), Freddie failed to include in the record on appeal the transcripts (which the record indicates were made) from those proceedings. Freddie merely incorporated a portion–five pages–of the transcript taken at one of the hearings into her record excerpts. It is the duty of the appellant to present a sufficient record to support his or her assignments of error. Freddie’s failure to provide an adequate record in this matter is fatal to her appeal. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
