The Mississippi Supreme Court handed down two decisions today. Both are domestic relations cases involving with children (custody and visitation). Both are reversals (one reversed the Court of Appeals and affirmed the chancellor while the other reversed the chancellor). Both are authored by Justice Beam.
Blagodirova v. Schrock, 2020-CT-01162-SCT (Civil – Custody)
Reversing a 4-2-4 Court of Appeals decision and reinstating and affirming the chancellor’s ruling in a custody matter, holding that there was substantial evidence in the record to support the chancellor’s finding of a material, substantial, and adverse change in circumstances that warranted custody modification.
(9-0)
NOTE – Here is the Court’s recap of the circumstances at issue:
Brownlee v. Powell, 2022-CA-00196-SCT (Civil – Domestic Relations)
Reversing the chancellor’s decision on an unmarried, non-parent, former live-in partner’s petition for in loco parentis visitation rights, holding that the chancellor erred in finding that the petitioner lacked standing without citing Mississippi law and in disposing of the case under 12(b)(6); that there was no plain error in the chancellor considering text messages without allowing other evidence; and that the chancellor erred in finding the petition frivolous and awarding attorney’s fees.
(6-3-0: Kitchens concurred in result only, joined by King and Griffis, and joined in part by Ishee.)
NOTE – The person seeking visitation won a trip back to the trial court, but I don’t read this opinion as blazing path to victory on the merits. Here are a few excerpts
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Other Orders
McPhail v. McPhail, 2020-CA-00739-SCT (denying petition construed by the Court as one for rehearing as untimely)
Moreland v. Spears, 2021-CT-00714-SCT (denying cert)
Norwood v. State, 2021-KA-00903-SCT (denying rehearing)
Brooks v. Jeffreys, 2021-CT-01113-SCT (denying cert)
Simoneaux v. State, 2022-CT-00532-SCT (dismissing cert petition)
Mississippi Appeals Blog 