Kenton Hal McNeese v. Katherine J. McNeese (Graves)
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Kenton McNeese appealed the dismissal of his Rule 60(b) Motion for Relief from Judgment and Other Relief. This Rule 60(b) motion was filed with respect to a judgment of divorce from which he already had perfected an appeal. At that time, his first appeal was pending with the Supreme Court. In response, his former wife Katherine (“Katye”), filed a motion to dismiss and requested that Kenton be required to pay attorneys’ fees. The trial court denied Kenton’s motion for relief and granted Katye’s motion to dismiss and request for attorneys’ fees. The trial court ruled that the Rule 60(b) motion was not timely and that the court lacked jurisdiction “due to the pendency of the case’s appeal to the Mississippi Supreme Court. . . .” The trial court also found that Kenton’s motion was frivolous and without substantial justification and that it was interposed for delay and harassment and, therefore, imposed a $1,000 sanction against Kenton to be applied toward Katye’s attorneys’ fees. Finding that the trial court erroneously ruled that it lacked jurisdiction to hear Kenton’s Rule 60(b) motion, but concluding that the trial court did not err in denying the motion, the Supreme Court affirmed in part and reversed in part.
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