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[T] Carlock v. Carlock

June 09, 1998

JOHN WAYNE CARLOCK, APPELLANT
v.
KATHY (MARTIN) CARLOCK, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Per Curiam:

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

DATE OF JUDGMENT: 06/24/96

TRIAL JUDGE: HON. PERCY LEE LYNCHARD JR.

COURT FROM WHICH APPEALED: DESOTO COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: THE TRIAL COURT DENIED JOHN CARLOCK'S PETITION TO MODIFY DIVORCE DECREE, FOUND THAT JOHN CARLOCK HAD THE ABILITY TO PAY CHILD SUPPORT AND ALIMONY, AND FOUND JOHN CARLOCK TO BE IN CONTEMPT OF COURT AND ORDERED HIM INCARCERATED.

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

John Wayne Carlock appeals his Petition to Modify Divorce Decree and the grant of Kathy (Martin) Carlock's Petition for Contempt. Aggrieved, John alleges four errors. Finding his first two errors dispositive, this Court will limit its opinion to those issues, which are:

1. The original decree of divorce in this action was not granted pursuant to the laws of the state.

2. The Chancellor's determination was manifestly wrong in incarcerating Carlock for contempt as he applied a ...


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