McDonald v. McDonald


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Docket Number: 1999-CT-01259-SCT

Supreme Court: Opinion Link
Opinion Date: 07-01-2004
Opinion Author: Smith, C.J.
Holding: Affirmed both the court of appeals and the trial court.

Additional Case Information: Topic: Contempt - Jurisdiction - Temporary order
Judge(s) Concurring: Waller, P.J., Carlson, Graves and Randolph, JJ.
Non Participating Judge(s): Diaz, J.
Dissenting Author : Cobb, P.J.
Dissent Joined By : Easley and Dickinson, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS
Writ of Certiorari: Granted
Appealed from Court of Appeals

Trial Court: Date of Trial Judgment: 07-14-1999
Appealed from: Lee County Chancery Court
Judge: William Griffin, Jr.
Disposition: Changed custody of the minor children and found the Appellant in contempt.
Case Number: 950437
  Consolidated: 1999-CT-00848-SCT Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 03/17/1999; Ruling Judge: William Griffin, Jr.; 1999-CT-01384-SCT Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 08/03/1999; Ruling Judge: William Griffin, Jr.

Note: Petition to Strike Appellee Brief is dismissed as moot.

  Party Name: Attorney Name:  
Appellant: Howard Clayborne McDonald, Jr.




PRO SE



 

Appellee: Rosemary Sheffield McDonald RICHARD L. JONES  

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Topic: Contempt - Jurisdiction - Temporary order

Summary of the Facts: Howard McDonald, Jr. argued that the special chancellor presiding in this case erred in changing custody of his two youngest children from him to his ex-wife, and in holding him in contempt. The Court of Appeals affirmed, and the Supreme Court granted certiorari.

Summary of Opinion Analysis: The intention of the special chancellor, as evidenced by his decision, was clearly to determine custody temporarily until he could resume the proceedings with a full hearing on the merits pertaining to permanent custody of the children and other matters that are still before the court. Therefore, the Supreme Court has no jurisdiction to hear the appeal. The Court of Appeals was correct in its assertion that “[t]he order invited further motions to address custody and support issues. . . . [and w]e find nothing to review about this explicitly temporary order entered three years ago..”


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