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Hosey v. Hosey

August 13, 1998

EARL E. HOSEY, JR.
v.
LINDA M. HOSEY



Before Prather, C.j., Banks And Smith, JJ.

The opinion of the court was delivered by: Prather, Chief Justice

Hosey v. Hosey, 97-CA-00339-SCT

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

DATE OF JUDGMENT: 3/4/97

TRIAL JUDGE: HON. SARAH P. SPRINGER

COURT FROM WHICH APPEALED: LAUDERDALE COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

DISPOSITION AFFIRMED - 8/13/98

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

This domestic relations case arises from protracted litigation between the parties, which began when the appellant's 1983 petition for divorce was denied and the appellee was granted separate maintenance and child support. In 1986, the appellant was ruled in contempt of court for failing to comply with the 1983 judgment. In 1989, the appellee filed for divorce. In 1992, the appellant, through his attorney, filed an answer, but refused to obey the court's order and provide his address or appear in court (presumably for fear of being arrested for his contempt of the previous decrees).

The chancellor granted the appellee a divorce on the grounds of desertion in 1993. The appellant was ordered, among other things, to pay alimony. The divorce decree also incorporated the previous contempt judgment, and adjudicated the appellant's total arrearage since the 1983 separate maintenance decree.

The appellant was subsequently arrested by the federal authorities for failure to pay child support. Shortly thereafter, in 1996, the appellee moved for specific relief (primarily in the form of payment on the previous judgments, and court supervision of such payments). The appellant's motion to dismiss and counter-motions were denied, and the appellee's motion for specific relief was granted. The appeals of these two judgments were consolidated.

On appeal, the appellant primarily attacks the validity of the prior judgments against him. He also raises issues that were adjudicated in those proceedings. The issues raised by the appellant are without merit. ...


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