McMullin v. McMullin
| Docket Number: | 2010-CA-01539-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2012 Opinion Author: Irving, P.J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Modification of custody - Final judgment - M.R.C.P. 54(b) - Jurisdiction Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 08-27-2020 Appealed from: Rankin County Chancery Court Judge: Dan Fairly Disposition: PETITION FOR MODIFICATION OF CHILD CUSTODY DENIED Case Number: 64,237 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Matthew Tyler McMullin |
GEORGE C. NICOLS |
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| Appellee: | Kimberly Scott Simmons McMullin | BARRY C. CAMPBELL | ||
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: | Modification of custody - Final judgment - M.R.C.P. 54(b) - Jurisdiction |
| Summary of the Facts: | Matthew McMullin and Kimberly McMullin were divorced in 2008. The final judgment of divorce provided for Matt and Kimberly to share joint legal and physical custody of their sons. Soon after their divorce was finalized, Kimberly entered a rehabilitation facility for treatment of her addiction to prescription drugs. According to a temporary agreement between Matt and Kimberly, he would have full custody of the children while she was in treatment. In 2009, Matt filed a Petition for Modification of Child Custody and Other Relief. The chancery court denied Matt’s request and reinstated the joint-custody arrangement from the final judgment of divorce. Matt appeals. |
| Summary of Opinion Analysis: | Only final judgments are appealable unless an M.R.C.P. 54(b) certificate has been entered or the Mississippi Supreme Court has granted permission for the parties to proceed with an interlocutory appeal pursuant to M.R.A.P. 5. Here, the chancery court’s order is not a final judgment. The chancery court explicitly stated in both of its orders that the decision to maintain a joint physical and legal custody arrangement between Matt and Kimberly was contingent upon Dr. Easterling’s report concerning Kimberly’s addiction to prescription drugs. Until the chancery court receives Dr. Easterling’s report, its decision concerning the custody of Matt and Kimberly’s children is not final. Thus, the appeal is dismissed for lack of jurisdiction. |
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