 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cassibry v. Cassibry6/17/1999
DATE OF JUDGMENT: 03/05/1998
TRIAL JUDGE: HON. HARVEY T. ROSS
COURT FROM WHICH APPEALED: BOLIVAR COUNTY CHANCERY COURT
NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS
DISPOSITION: REVERSED AND REMANDED- 06/17/1999
EN BANC.
. This case comes to this Court on appeal by Debra Lomax Cassibry from an adverse ruling by the Chancery Court of the Second Judicial District of Bolivar County in granting a divorce on irreconcilable differences where no written settlement agreement existed. Although it is clear from the record that the parties had reached an oral agreement, nonetheless, the strict interpretation of Miss. Code Ann. ยง 93-5-2(2) (1994) was not complied with and our precedent interpreting the statute controls in the case sub judice. Cook v. Cook, 725 So. 2d 205, 207 (Miss. 1998); Gardner v. Gardner, 618 So.2d 108, 113 (Miss. 1993).
FACTS
.On December 5, 1996, appellee John C. Cassibry filed his Complaint for Divorce and Other Relief in the Chancery Court of the Second Judicial District of Bolivar County alleging as grounds for divorce habitual cruel and inhuman treatment, willful, continued and obstinate desertion, and irreconcilable differences.
.On February 7, 1997 Debra Lomax Cassibry filed a Complaint for Divorce in the Chancery Court of Lamar County. On October 8, 1997, Lamar County Chancellor Franklin C. McKenzie, Jr. entered an Order to Transfer and Other Relief which transferred the Complaint for Divorce filed by Debra Cassibry to the Chancery Court of the Second Judicial District of Bolivar County, Mississippi. Trial on the merits was set for January 7, 1998. On January 5, 1998, James R. Hayden, attorney for Debra Cassibry, filed a Motion to Withdraw as Counsel.
.On February 10, 1998, John Cassibry filed a Motion to Enforce Settlement alleging that negotiations ensued culminating that an agreement had been reached by both parties, which agreement was read into the record concurred by Counsel for Debra Cassibry and assented by both parties before the court on record. By letter dated February 25, 1998, James R. Hayden, attorney for Debra Cassibry, requested that the attorney for John Cassibry provide him with a list of possible dates for a hearing on the above referenced Motion as well as his Motion to Withdraw as Counsel and advising counsel to direct any further motions directly to Debra Cassibry, who is also an attorney.
.On March 4, 1998 Debra Cassibry, pro se , faxed a handwritten Motion for Additional Time which was denied on March 5, 1998. The Chancery Court of the Second Judicial District of Bolivar County Mississippi then entered an Order Enforcing Settling Agreement and for Sanctions. Also the Judgment of Divorce-Irreconcilable Differences was entered on that same day.
.The appellant, Debra Cassibry, appeals from this Judgment of Divorce-Irreconcilable Differences incorporating the Transcript of Agreement raising the following issues:
I. THAT THE CHANCERY COURT OF THE SECOND JUDICIAL DISTRICT OF BOLIVAR COUNTY, MISSISSIPPI, HONORABLE HARVEY T. ROSS, CHANCELLOR FOR THE SEVENTH CHANCERY COURT DISTRICT, EXCEEDED ITS STATUTORY AUTHORITY WHEN THE COURT ENTERED A JUDGMENT OF DIVORCE-IRRECONCILABLE DIFFERENCES PURSUANT TO SECTION 93-5-2 OF THE MISSISSIPPI CODE ANNOTATED, IN THE ABSENCE OF THE SETTLEMENT OF ALL MATTERS INVOLVING CUSTODY AND MAINTENANCE OF THE CHILDREN BORN TO THE MARRIAGE OF THE PARTIES WHICH EXISTED BETWEEN THE PARTIES TO THE ACTION BEFORE THE CHANCERY COURT.
II. THAT THE CHANCERY COURT OF THE SECOND JUDICIAL DISTRICT OF BOLIVAR COUNTY, MISSISSIPPI, HONORABLE HARVEY T. ROSS, CHANCELLOR FOR
Page 1 2 3 4 5 Mississippi Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|