Boatwright v. Boatwright
| Docket Number: | 2009-CA-01412-COA Linked Case(s): 2009-CA-01412-SCT ; 2009-CA-01412-SCT ; 2009-CA-01412-COA ; 2009-CT-01412-SCT ; 2009-CT-01412-SCT ; 2009-CT-01412-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-04-2011 Opinion Author: Lee, C.J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Contempt - Recusal of judge - Proper review of record - M.R.C.P. 63(b) - Motion to alter or amend or for a new trial Judge(s) Concurring: Myers and Ishee, JJ. Non Participating Judge(s): Barnes, Roberts and Maxwell, JJ. Dissenting Author : Griffis, P.J. Dissent Joined By : Carlton, J. Concur in Part, Dissent in Part 1: Russell, J., Concur in Part, Dissent in Part Joined By 1: Irving, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 03-10-2009 Appealed from: Marshall County Chancery Court Judge: Edwin Hayes Roberts, Jr. Disposition: HUSBAND FOUND IN CONTEMPT AND ORDERED TO PAY A FINE AS WELL AS WIFE’S ATTORNEYS’ FEES; ALSO SET VISITATION, ORDERED PARTIES TO ATTEND COUNSELING, AND MODIFIED HUSBAND’S CHILD SUPPORT Case Number: 03-0249 |
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| Consolidated: Consolidated with 2008-M-01855-COA Toulman D. Boatwright, Jr. v. Grace Bonds Boatwright; Marshall Chancery Court; LC Case #: 03-0249; Ruling Date: 10/08/2008; Ruling Judge: Edwin Roberts, Jr. | ||
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Toulman D. Boatwright, Jr. |
HELEN KENNEDY ROBINSON |
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| Appellee: | Grace Bonds Boatwright | AMANDA WHALEY SMITH KENT E. SMITH | ||
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: | Contempt - Recusal of judge - Proper review of record - M.R.C.P. 63(b) - Motion to alter or amend or for a new trial |
| Summary of the Facts: | In 2004, Grace Boatwright and Toulman Boatwright Jr. were granted a divorce on the ground of irreconcilable differences. Grace was awarded primary physical custody of the couple’s three minor children, and Toulman was ordered to pay $320 per month in child support, as well as $80 per month for health insurance, one-half of the out-of-pocket medical expenses, and a portion of the children’s school tuition. Toulman was also ordered to maintain a life-insurance policy with the three children as beneficiaries. The parties have filed numerous motions and petitions over the years. In 2007, Grace filed a petition for contempt and modification. An agreed temporary order was entered that, among other things, gave Toulman additional visitation with one of the couple’s children and appointed Jennifer Shackelford as guardian ad litem for the children. In 2008, Grace filed a motion for emergency relief alleging that recordings between Toulman and the couple’s daughter, who was sixteen years old at the time, evidenced that Toulman’s visitation with his minor children should be restricted. These recordings indicate a desire on Toulman’s behalf and a willingness on the daughter’s behalf that she engage in violent activities against Grace and her older sister. The judge subsequently suspended Toulman’s visitation with the couple’s five-year-old son. At some point after this, the daughter went to live with her paternal grandparents. Per Toulman’s request, the judge entered a temporary order allowing Toulman to pay the daughter’s portion of his child-support payment to the paternal grandparents. Toulman later filed a motion for the judge to recuse. Grace filed a counter-motion for sanctions. The judge denied Toulman’s motion to recuse. Toulman subsequently filed a petition with the Mississippi Supreme Court to review the denial of his motion to recuse, and the Court denied the motion. The judge ultimately awarded Grace $4,305 in attorneys’ fees and $733.11 in expenses. Toulman was also ordered to pay $900 to Shackelford, the GAL, for a total of $5,938.11. In regard to the original petition for contempt and modification filed by Grace, the judge found Toulman to be in contempt and ordered him to pay a fine for each instance of contempt. The judge also ordered Toulman to pay Grace’s attorneys’ fees in regard to the contempt proceeding, but he further directed a writ of inquiry to determine the amount of attorneys’ fees attributed to the contempt action. The judge found that it was in the daughter’s best interest to remain living with her paternal grandparents until the end of the school year. The judge also set visitation, ordered the parties to attend counseling sessions, and modified the child support. Toulman filed a motion to alter or amend or for a new trial based on newly discovered evidence. His attorney had discovered that the judge had gone turkey hunting with one of Grace’s attorneys. The judge, on his own motion, recused himself from the case. The new judge assigned to the case decided that rather than conduct a new trial on the merits, the most economical decision would be for the parties to appeal and allow the appellate court to determine whether there was any wrongdoing. Toulman now appeals. |
| Summary of Opinion Analysis: | The new judge in this case acknowledged that he was unprepared to hear the motion for a new trial and thought the better course of action would be for the parties to appeal. Under M.R.C.P. 63(b), the judge abused his discretion as he failed to make a proper review of the record and hearings before ruling on the motion to alter or amend or for a new trial. Rather than reverse and remand for a new trial, the better course of action would be for the judge to obtain a transcript of the record to review and see if a new trial is necessary. |
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