J.E.W. v. T.G.S.

Summary

The Mississippi Supreme Court reviewed an appeal concerning enforcement of two ex parte South Carolina child-custody orders and the denial of a stay pending appeal. The court affirmed the denial of an automatic stay under Mississippi Rule of Appellate Procedure 8(b)(5) and dismissed as moot the challenge to full faith and credit because a Mississippi county court had subsequently awarded permanent custody to the father.

Holdings

1. The mother was not entitled to relief from the denial of an automatic stay. The automatic-stay issue was not properly designated in the notice of appeal because the denial occurred after the notice was filed; in any event, assuming Rule 8 applied, the trial court committed no error in denying the stay.
2. The challenge to the chancery court's decision to give full faith and credit to the South Carolina custody orders was moot because the South Carolina proceedings had ended and the Warren County Court had entered a final judgment awarding permanent custody to the father.

Questions Presented

1. Whether the chancery court erred by denying the mother an automatic ten-day stay under Mississippi Rule of Appellate Procedure 8(b)(5).
2. Whether the appeal concerning full faith and credit for the South Carolina ex parte custody orders remained justiciable after the South Carolina proceedings were dismissed and the Mississippi county court entered a final custody judgment.

Disposition

other