Mississippi Supreme Court sends case back to Chancellor for a third trial
Lamar County divorce case partially remanded back to Chancellor for third look
Sometimes a case just never ends. That has to be the feeling for a divorce case out of Lamar County, Mississippi. Last week, the Mississippi Supreme Court sent the case back to the Chancellor for a third trial. In Lowrey v. Lowrey, the original final judgment of divorce was signed in September 2002. The wife appealed that initial decision. In 2005, the Mississippi Court of Appeals affirmed the divorce, but reversed and remanded the case for the Chancellor to decide "unresolved matters of child custody, child support, property division and alimony." A second trial was held by a different Chancellor from the first case. And to add to the problem, the case was heard on different dates (2006 and 2007), a common occurrence in Chancery courts in Mississippi. Both parties appealed the final decision by the Chancellor.
The Mississippi Supreme Court recognized this "piecemeal" litigation, where the Chancellor will hold multiple hearings to decide the issues, is a problem with our Chancery Courts.
Hearings can be, and often are, separated by weeks or even months, as occurred in this proceeding. Chancellors are required to follow the testimony of witnesses, review documents offered as exhibits, and attempt to make contemporaneous notes. Trial judges are not afforded the advantage of appellate courts to review the full record of a case without interruption.
The problem is that Chancellors have a difficult time scheduling a trial for 2-3 straight days due to the number of cases they handle. Rather, they will usually hold a one day trial and then schedule the remainder of the trial for another day. The problem is when weeks or months transpire between those two hearings, the Chancellor has a difficult time keeping up with the previous testimony. That appears to be the problem in this case.
In short, the Court found that given the Chancellor failed to provide a written analysis of whether it applied or how it applied the appropriate Ferguson and Armstrong factors, the Court reversed and remanded the part of the decision dealing with the division of marital property and the award of alimony. The Court also reversed and remanded on the issue of child support and reversed and rendered on the issue of child custody.
Given this case addresses a number of issues relevant to divorce cases in Mississippi, I will write some more blogs about specific portions of the decision.
At the Kisselburgh Law Firm, we have experience representing clients going through a divorce. Call us at 601-936-4040 or contact us online to set up a consultation if you are contemplating a divorce.
