Dare v. Stokes

62 So. 3d 958 (Miss. 2011) · Supreme Court of Mississippi · May 26, 2011

Summary

The Mississippi Supreme Court affirmed the denial of Dr. Daniel Dare’s motion to intervene in proceedings concerning modification of a property-settlement agreement incorporated into Paul and Sharon Stokes’s divorce judgment. The court held that Dare lacked a legally protected interest in the divorce and that the narrow exception allowing third-party intervention in divorce proceedings did not apply.

Holdings

  1. Dare could not intervene because he had no legally protected interest in the Stokeses' divorce or their property-settlement agreement.
  2. The narrow exception allowing third-party intervention in a divorce proceeding did not apply to Dare; third-party intervention remains generally prohibited absent a statute or the most unique circumstances.

Questions Presented

  1. Whether Dare had a legally protected interest sufficient to permit intervention of right in the Stokeses' divorce-related proceeding.
  2. Whether the limited exception permitting third-party intervention in divorce proceedings applied to Dare's circumstances.

Disposition

affirmed

Cases Cited (5)

  • Madison HMA, Inc. v. St. Dominic-Jackson Mem'l Hosp., 35 So. 3d 1209, 1215 (Miss. 2010)(followed)
  • Cohen v. Cohen, 748 So. 2d 91, 93-96 (Miss. 1999)(followed)
  • Perry County v. Ferguson, 618 So. 2d 1270, 1271 (Miss. 1993)(followed)
  • Guar. Nat'l Ins. Co. v. Pittman, 501 So. 2d 377, 381 (Miss. 1987)(followed)
  • Hulett v. Hulett, 152 Miss. 476, 119 So. 581, 585 (1928)(followed)

Cited In (0)

No citing cases on record yet.

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