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Sayle v. Sayle

April 07, 1998

SAYLE
v.
SAYLE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

The opinion of the court was delivered by: Thomas, P.j.

JOHNNY GREENE SAYLE, APPELLANT v. DALE MELTON SAYLE ROWLAND, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 11/18/96

TRIAL JUDGE: HON. JON M. BARNWELL

COURT FROM WHICH APPEALED: TALLAHATCHIE COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DECREE MODIFIED, CUSTODY OF TWO OF THREE CHILDREN CHANGED BY CONSENT. CHILD SUPPORT NOT MODIFIED, ATTORNEYS FEES AWARDED, APPELLEE.

DISPOSITION AFFIRMED - 4/7/98

Johnny Greene Sayle appeals the order of the chancery court awarding attorney's fees to Dale Melton Sayle Rowland but failing to decrease his child support payments, raising the following issues as error:

I. THE CHANCELLOR WAS MANIFESTLY IN ERROR IN HIS FACT-FINDINGS AND MANIFESTLY ABUSED HIS JUDICIAL DISCRETION BY FAILING TO CONSIDER THE THREE CHILDREN WHO LIVE WITH JOHNNY GREENE SAYLE IN HIS MODIFICATION OF CHILD SUPPORT, AS WELL AS FAILING TO CONSIDER DALE ROWLAND'S OBLIGATION TO SUPPORT HER CHILDREN WHO ARE IN THE CUSTODY OF JOHNNY GREENE SAYLE.

II. THE CHANCELLOR WAS MANIFESTLY IN ERROR IN HIS FACT-FINDINGS AND MANIFESTLY ABUSED HIS JUDICIAL DISCRETION BY AWARDING ATTORNEY'S FEES TO DALE ROWLAND WITHOUT SUFFICIENT PROOF.

Finding no error, we ...


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