Rankin v. Rankin
Annotate this CaseKemily and Kelvin Rankin were married in July 2007 and had two children during the course of their marriage. In December 2017, Kemily filed a complaint for divorce on the ground of habitual cruel and inhuman treatment or, in the alternative, irreconcilable differences. At the conclusion of Kemily’s case-in-chief, Kelvin moved to dismiss the complaint for divorce and argued that the evidence “wholly, completely, [and] totally fail[ed] to make out a case for habitual cruel and inhuman treatment.” The chancellor entered a fifteen-page memorandum opinion and final judgment that denied Kemily’s complaint for divorce, finding “that the evidence presented [wa]s insufficient to grant [Kemily] a divorce on the ground of habitual cruel and inhuman treatment.” Kemily timely appealed. On appeal, the Court of Appeals found that “there was sufficient evidence to support granting the divorce on the ground of habitual cruel and inhuman treatment” and therefore reversed the chancellor’s judgment and remanded the case “for further findings in accordance with [its] opinion.” Kelvin filed a petition for writ of certiorari and argued that the Court of Appeals’ decision was (1) in direct conflict with well-established law regarding appellate review; and (2) in direct conflict with a prior decision of the Mississippi Supreme Court. The Supreme Court found the appellate court's decision was based on the absence of an express finding by the chancellor regarding Kemily's credibility, thus failing to recognize the required assumption “that the chancellor resolved [the credibility] issue[] in favor of [Kelvin].” The Supreme Court ultimately reversed the decision of the Court of Appeals, and affirmed the chancery court’s denial of the complaint for divorce on the ground of habitual cruel and inhuman treatment.
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