Holloway v. Holloway
Docket Number: | 2002-CA-01762-COA Linked Case(s): 2002-CA-01762-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 11-04-2003 Opinion Author: Lee, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Contempt - Attorney’s fees Judge(s) Concurring: McMillin, C.J., King, P.J., Thomas, Irving and Myers, JJ. Dissenting Author : Griffis, J. Dissent Joined By : Southwick, P.J., Bridges and Chandler, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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Trial Court: |
Date of Trial Judgment: 09-24-2002 Appealed from: Hinds County Chancery Court Judge: Patricia D. Wise Disposition: FINAL JUDGMENT ON CONTEMPT PROCEEDINGS. JERRELL LAVON HOLLOWAY FOUND TO HAVE PURGED HIMSELF OF CONTEMPT. PHYLLIS D. HOLLOWAY AWARDED ATTORNEY'S FEES AND INTEREST. |
Party Name: | Attorney Name: | |||
Appellant: | Phyllis D. Holloway |
DAN H. FAIRLY |
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Appellee: | Jerrell Lavon Holloway | WILLIAM R. WRIGHT W. BENTON GREGG |
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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. |
Topic: | Contempt - Attorney’s fees |
Summary of the Facts: | When Phyllis Holloway and Jerrell Holloway were divorced, the court ordered Jerrell to pay Phyllis lump sum alimony in the amount of $6,000,000, to be paid in installments of $500,000 per year for twelve consecutive years. When Jerrell failed to make a payment, Phyllis filed a motion for contempt. Jerrell thereafter remitted a partial payment in the amount of $125,000, and paid the remaining balance of $375,000 later. The chancellor awarded Phyllis interest in the amount of $11,917.60 and attorney's fees in the amount of $1,500. Phyllis appeals. |
Summary of Opinion Analysis: | Phyllis argues that the court erred in awarding only $1,500 in attorney’s fees. In the final judgment, the chancellor found that Jerrell purged himself of contempt by paying in full the installment payment. Because the chancellor did not specifically find Jerrell to be in contempt, the chancellor did not abuse her discretion in awarding Phyllis attorney's fees in the amount of $1500. |
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