Garceau v. Roberts, No. 50718
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | COFER; PATTERSON; SUGG |
| Citation | 363 So.2d 249 |
| Docket Number | No. 50718 |
| Decision Date | 18 October 1978 |
| Parties | Mrs. Kathryn GARCEAU v. Leon ROBERTS. |
Page 249
v.
Leon ROBERTS.
Jimmie H. Fields, Meridian, for appellant.
No brief for appellee.
Before SMITH, LEE and COFER, JJ.
COFER, Justice, for the Court:
Appellant in the Circuit Court of Dade County, Florida, on January 12, 1968, procured an uncontested divorce, following an adjudication of default on appellee's part. The judgment awarded to her custody of the parties' two children and support money of $25 per week beginning retroactively on December 15, 1967. The payments were to be made through the alimony and support division of the court, but the parties, believing it to be for their convenience, agreed instead that the payments would be made directly by the father to the mother.
Page 250
Prior to September 14, 1973, appellant filed a suit, on a duly authenticated copy of the Florida judgment in the Circuit Court of the First Judicial District of Jasper County, Mississippi, for amounts allegedly owing on the judgment, which case was transferred to the chancery court.
To appellant's pleadings recast to conform to chancery procedure, appellee filed an answer.
Hearing was begun on the pleadings as they then were and on the conclusion of complainant's evidence, the chancellor sustained appellee's motion to exclude the proof and dismiss the bill of complaint. From that decree appellant appealed to this Court, in which, by opinion dated December 21, 1976, the decision was reversed and the case was remanded for new trial. Garsceau v. Roberts, 340 So.2d 740 (Miss.1976). In our opinion in that case, we summarized the facts relevant to the decision.
On the remand of the case, appellant sought permission "to update her pleadings," and did so, by amendment and supplement filed May 19, 1977. Appellee answered and incorporated a cross bill praying that the Florida judgment be modified by awarding to him the custody of the children or by their placement in a suitable place.
A hearing was afforded on the pleadings with results little improved over those causing Justice Smith to conclude in the opinion in the earlier appeal above, that "the evidence was in considerable disarray." Nevertheless, the chancellor adjudged that appellant was not due recovery for 1967-74, inclusive; appellee owed her $652.50 accrued since the beginning of 1975 to July 21, 1977, gave to appellee visitation rights, denied attorney fees, and taxed the costs in equal parts.
...
To continue reading
Request your trial
-
Muhammad v. Muhammad, No. 92-CA-470
...the record, despite a failure to file a brief by Debra. Sparkman v. Sparkman, 441 So.2d 1361, 1362 (Miss.1983); Garceau v. Roberts, 363 So.2d 249, 250 A. Religious Freedom Robert contends that the chancellor violated his constitutional right to religious freedom by awarding custody of the c......
-
Nichols v. Funderburk, No. 2002-CA-00087-COA.
...a special effort to review the record for support for affirmance. Sparkman v. Sparkman, 441 So.2d 1361 (Miss.1983); Garceau v. Roberts, 363 So.2d 249 (Miss.1979[1978]). While this matter does not involve custody or support directly, it does arise out of a suit wherein those issues are of co......
-
Doe v. Smith, NO. 2015-CA-00740-SCT
...to review the record for support to affirm. Id . (citing Sparkman v. Sparkman , 441 So. 2d 1361 (Miss.1983), and Garceau v. Roberts , 363 So.2d 249 (Miss.1979) ).13 See also In re Guardianship of McClinton , 157 So.3d 862, 870 (¶ 17) (Miss.2015) (Rule 60(b)(6) is a “catch all” provision for......
-
Leblanc v. Leblanc, NO. 2017-CA-00600-COA
...In particular, we will review the record despite the appellee's failure when the interests of children are at stake. Garceau v. Roberts , 363 So.2d 249, 250 (Miss. 1978). However, the "failure of an appellee to file a brief is tantamount to confession of error and will be accepted as such u......
-
Muhammad v. Muhammad, No. 92-CA-470
...the record, despite a failure to file a brief by Debra. Sparkman v. Sparkman, 441 So.2d 1361, 1362 (Miss.1983); Garceau v. Roberts, 363 So.2d 249, 250 A. Religious Freedom Robert contends that the chancellor violated his constitutional right to religious freedom by awarding custody of the c......
-
Nichols v. Funderburk, No. 2002-CA-00087-COA.
...a special effort to review the record for support for affirmance. Sparkman v. Sparkman, 441 So.2d 1361 (Miss.1983); Garceau v. Roberts, 363 So.2d 249 (Miss.1979[1978]). While this matter does not involve custody or support directly, it does arise out of a suit wherein those issues are of co......
-
Doe v. Smith, NO. 2015-CA-00740-SCT
...to review the record for support to affirm. Id . (citing Sparkman v. Sparkman , 441 So. 2d 1361 (Miss.1983), and Garceau v. Roberts , 363 So.2d 249 (Miss.1979) ).13 See also In re Guardianship of McClinton , 157 So.3d 862, 870 (¶ 17) (Miss.2015) (Rule 60(b)(6) is a “catch all” provision for......
-
Leblanc v. Leblanc, NO. 2017-CA-00600-COA
...In particular, we will review the record despite the appellee's failure when the interests of children are at stake. Garceau v. Roberts , 363 So.2d 249, 250 (Miss. 1978). However, the "failure of an appellee to file a brief is tantamount to confession of error and will be accepted as such u......