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Bolivar v. Bolivar

Court of Appeals of Mississippi

November 25, 2014

TERESA JEAN BOLIVAR, APPELLANT
v.
LARRY MARVIN BOLIVAR, APPELLEE

DATE OF JUDGMENT: 05/15/2013.

COURT FROM WHICH APPEALED: JONES COUNTY CHANCERY COURT. TRIAL JUDGE: HON. FRANKLIN C. MCKENZIE JR. TRIAL COURT DISPOSITION: DENIED APPELLANT'S MOTION FOR RECONSIDERATION.

FOR APPELLANT: VANESSA J. JONES.

FOR APPELLEE: TERRY L. CAVES, RISHER GRANTHAM CAVES.

BEFORE LEE, C.J., ISHEE AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., CONCURS IN RESULT ONLY WITHOUT SEPARATE WRITTEN OPINION.

OPINION

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

ISHEE, J.

¶1. In May 2013, the Jones County Chancery Court granted Larry Bolivar a divorce on the ground of desertion from Teresa Bolivar. Teresa filed a motion to set aside the judgment of divorce on June 12, 2013, alleging that she had not been served properly. Following a July 2013 hearing, the chancery court denied the motion. Teresa filed a motion for reconsideration, which was also denied. Aggrieved,

Page 1036

Teresa appeals. Finding no error, we affirm the judgment of the chancery court.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

¶2. Larry and Teresa were married in 1981. Together, they had two sons, who were both emancipated at the time of these proceedings. On February 19, 2013, Larry filed for divorce on the ground of desertion. A summons was issued for Teresa on March 12, 2013, stating that she had thirty days from the date of the delivery to respond or a judgment by default would be entered. Process was served on Teresa on March 21, 2013.

¶3. A trial was held on May 8, 2013. At the beginning of the trial, the chancery court acknowledged that process had been served on Teresa but that she had failed to respond or appear. The trial then proceeded with the testimony of Larry and Joe Parker. Larry testified that Teresa had left the marital home in September 2011 and had not returned. Larry stated that he made attempts to reconcile with Teresa, but that she had no intentions of returning to the marriage. Larry then testified regarding accumulated property and personal financial contributions during the marriage.

¶4. Parker testified to knowing both Larry and Teresa for quite some time. He confirmed that Teresa left the marital home in September 2011 and had not made any effort or expressed any intent of returning to the marriage. Subsequently, the chancery ...


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