Kelly R. Faris Jernigan Isom v. Jay L. Jernigan

Summary

The Supreme Court of Mississippi affirmed a Forrest County Chancery Court judgment holding Kelly R. Faris Jernigan Isom in willful contempt for violating prior custody-related judgments. The court held that she should have been personally served with a Rule 81(d) summons, but waived objections to service and the six-day notice period through her attorney's general appearance, failure to challenge jurisdiction, and presentation of evidence. The court therefore upheld the contempt judgment.

Holdings

1. Because the contempt proceeding involved a new dispute rather than a temporary hearing in a pending action, Kelly should have been personally served under M.R.C.P. 81(d)(2).
2. Kelly waived objections to improper or insufficient service of process, including the shortened time before the hearing, when her attorney made a general appearance, failed to challenge jurisdiction or service, and introduced evidence on her behalf.
3. The chancery court properly held Kelly in contempt and properly refused to set aside the judgment because the service defect was waived and jurisdiction was not contested.

Questions Presented

1. Whether a Rule 81(d) summons concerning a new domestic-relations dispute could be served on Kelly's attorney instead of personally on Kelly.
2. Whether Kelly waived defects in service, including the failure to provide seven days between service and the hearing, through her attorney's general appearance, failure to object, and presentation of evidence.
3. Whether the chancery court properly entered and refused to set aside the contempt judgment.

Disposition

affirmed