Bobby Serton v. Billie Sollie
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-CA-01580-COA
BOBBY SERTON
v.
BILLIE SOLLIE, SHERIFF OF LAUDERDALE COUNTY, MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEE
08/21/2000
HON. ROBERT WALTER BAILEY
LAUDERDALE COUNTY CIRCUIT COURT
JAMES A. WILLIAMS
LEE THAGGARD
CIVIL - OTHER
HABEAS CORPUS PETITION DENIED
DISMISSED - 10/29/2002
BEFORE SOUTHWICK, P.J., THOMAS, AND CHANDLER, JJ.
SOUTHWICK, P.J., FOR THE COURT:
¶1. A Lauderdale County chancellor incarcerated Bobby Serton for civil contempt for failing to pay child
support. Serton filed for habeas corpus relief, which was denied. On appeal, he argues the civil contempt
judgment was invalid due to the failure to give him notice of the pendency of the contempt hearing. We find
the claim to be moot and dismiss.
FACTS
¶2. On January 17, 1997, Bettie Serton filed for a divorce from Bobby Serton and simultaneously filed for
temporary support. An agreed judgment of temporary relief was entered in April 1997, covering, among
other things, child support payments required of Bobby Serton.
¶3. Subsequently, Bobby Serton suffered a work-related injury and eventually became unemployed. Serton
failed to make all of the required child support payments. As a result, Bettie Serton filed a motion for
citation of contempt against him in March 1998. The motion was heard in April 1998, at which time the
chancellor determined Bobby Serton was in arrears on the payments in excess of $3000.
¶4. A second citation of contempt motion was filed by Bettie Serton in August 1999, for failing to pay the
child support, failure to maintain medical insurance on the children and discovery violations in the ongoing
divorce suit. At the hearing on the matter on September 7, 1998, the chancellor again found Bobby Serton
to be in arrears in excess of $12,000. The chancellor also found Serton in contempt and ordered him jailed
until such time as he purged himself of the contempt by bringing current the payments. The record is unclear
as to whether Bobby Serton attended this hearing.
¶5. In November 1999, the chancery court heard the divorce complaint over Bobby Serton's objection.
The divorce was granted. Bobby Serton appealed that judgment, with an outcome that we will discuss
below. The case before us today is from the denial of habeas corpus relief sought by Bobby Serton in June
2001.
DISCUSSION
¶6. The entirety of this appeal may be disposed of by reference to a decision handed down by this court in
a related appeal. Serton v. Serton, 819 So. 2d 15, 21 (Miss. Ct. App. 2002). That case was the direct
appeal of the judgment of divorce granted Bettie Serton. Incorporated within Bobby Serton's appeal of the
divorce was the issue of his contempt incarceration. At that time, we held that the contempt conviction
could not stand since there was no evidence that Serton had been given notice of the September 7, 1998
hearing that led to the contempt. This Court's mandate was issued on June 27, 2002, reversing and
remanding the judgment of contempt for failure to pay child support.
¶7. Therefore, Serton has already received the relief that he seeks in this case. Our mandate in Cause No.
1999-CA-02042 must be followed and Serton released from incarceration that is based on the contempt
as set out in that opinion. This appeal is now moot and is therefore dismissed.
¶8. THE APPEAL OF DENIAL OF WRIT OF HABEAS CORPUS BY THE CIRCUIT COURT
OF LAUDERDALE COUNTY IS DISMISSED. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO THE APPELLANT.
McMILLIN, C.J., KING, P.J., BRIDGES, THOMAS, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
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