Roberts v. Roberts
| Docket Number: | 2002-CA-00352-COA Linked Case(s): 2002-CT-00352-SCT ; 2002-CT-00352-SCT ; 2002-CT-00352-SCT ; 2002-CA-00352-COA |
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| Court of Appeals: |
Opinion Date: 06-03-2003 Opinion Author: Thomas, J. |
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| Additional Case Information: |
Topic: Divorce - Jurisdiction - Section 93-5-11 - Contempt - Attorney’s fees Judge(s) Concurring: King, P.J., Bridges, Lee, Myers and Chandler, JJ. Dissenting Author : Southwick, P.J. Dissent Joined By : McMillin, C.J., Irving and Griffis, JJ. Procedural History: Motion to Set Aside Judgment |
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| Trial Court: |
Date of Trial Judgment: 01-28-2002 Appealed from: DeSoto County Chancery Court Judge: Percy L. Lynchard, Jr. Case Number: 00-3-449-(L) |
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| Note: | Link Inactive | |
| Party Name: | Attorney Name: | |||
| Appellant: | Cindy Ann (Scott) Roberts |
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| Appellee: | David Hale Roberts |
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| Topic: | Divorce - Jurisdiction - Section 93-5-11 - Contempt - Attorney’s fees |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Cindy Roberts filed for divorce against David Roberts in Tate County, and David filed an answer and counter complaint. The chancellor denied the divorce but granted custody of the two minor children to David. Cindy moved to Desoto County and filed for divorce on the grounds of adultery, habitual cruel and inhuman treatment and irreconcilable differences. David executed a waiver of process. Cindy was awarded a divorce and attached to the divorce decree was the earlier order referencing child custody along with a property and child support agreement. The court adopted and approved the property settlement agreement entered by the parties. David subsequently filed a petition for citation of contempt against Cindy for her failure and refusal to execute a quitclaim deed pursuant to the property settlement agreement. Cindy filed a petition to set aside the divorce for lack of jurisdiction and other relief. The court denied the petition to set aside the divorce, and Cindy subsequently executed a quitclaim deed for her interest in the marital home. She was later found to be in contempt of the court's previous order but purged herself by executing the quitclaim deed. The court awarded David attorney's fees. Cindy appeals. |
| Summary of Opinion Analysis: | Cindy argues that the Desoto County judgment is void, because jurisdiction cannot be agreed on. Section 93-5-11 provides that the complaint shall be filed in the county in which the defendant resides or may be found at the time, or in the county of the residence of the parties at the time of separation, if the plaintiff be still a resident of such county when the suit is instituted. This statute is one of jurisdiction of subject matter of the suit. If the court is without jurisdiction--subject matter or personal--no one is bound by anything the court may say regarding the merits of the case. If a court lacks jurisdiction or the requirements of due process are not met, the judgment is void and must be vacated. Here, the Desoto County court exercised jurisdiction over the parties that it did not have. Therefore, the case is remanded with instructions to dismiss. In addition, the court should hold a hearing to determine if there is justification for the imposition of sanctions against Cindy Roberts and/or her counsel due to a frivolous filing of a pleading in DeSoto County. Because the judgment is void, Cindy cannot be held in contempt, and attorney’s fees cannot be awarded. |
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