Harry v. Harry
| Docket Number: | 2002-CA-00938-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2003 Opinion Author: Irving, J. Holding: REVERSED AND RENDERED AND DEFENDANT ORDERED DISCHARGED |
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| Additional Case Information: |
Topic: Contempt - Jurisdiction Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 05-03-2002 Appealed from: Lauderdale County Chancery Court Judge: Sarah P. Springer Disposition: MOTION TO SET ASIDE JUDGMENT OVERRULED. DEFENDANT'S PETITION FOR WRIT OF HABEAS CORPUS DENIED Case Number: 01-185-S |
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| Consolidated: 2002-CA-00940-COA Elonzo Harry v. Mattie Bell Harry; Lauderdale Chancery Court; LC Case #: 02-502-S; Ruling Date: 05/17/2002; Ruling Judge: Sarah P. Springer | ||
| Party Name: | Attorney Name: | |||
| Appellant: | Elonzo Harry |
LESLIE C. GATES |
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| Appellee: | Mattie Bell Harry | JUSTIN MILLER COBB LEONARD BENJAMINE COBB |
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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. |
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| Topic: | Contempt - Jurisdiction |
| Summary of the Facts: | When Mattie Harry and Elonzo Harry were divorced, Elonzo was ordered to pay $450 per month in child support and housing expenses for the couple’s child as well as certain other obligations. After moving to another county, Mattie filed a motion for citation of contempt against Elonzo. At the time this motion was filed, Elonzo was residing in Carrollton, Georgia. The chancellor found that Elonzo owed an arrearage of $52,131 and ordered Elonzo incarcerated in jail until he could purge himself of civil contempt. Elonzo filed a motion to set aside the judgment and also filed a motion for a writ of habeas corpus. The court denied both motions, and Elonzo appeals. |
| Summary of Opinion Analysis: | Elonzo argues that the Chancery Court of Lamar County had continuing exclusive jurisdiction over contempt matters pertaining to the non-payment of child support as to preclude contempt enforcement through the Chancery Court of Lauderdale County. An action for contempt must be brought in the same court which rendered the original decree and the venue is proper there even though the petitioner has moved to a different county within the same state. Because the alleged contempt in this case was against the Lamar County Chancery Court, that court is the court of proper jurisdiction. Since the Lauderdale County Chancery Court did not have continuing and exclusive jurisdiction to adjudicate contempt matters as they related to the Lamar County Chancery Court judgment of divorce, the Lauderdale County Chancery Court had no jurisdiction to imprison Elonzo for contempt. |
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