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Bruton v. Bruton

Court of Appeals of Mississippi

April 28, 2015

CHARLES IRVIN BRUTON, JR., APPELLANT
v.
ALLISON HIPWELL BRUTON, APPELLEE

COURT FROM WHICH APPEALED: LAMAR COUNTY CHANCERY COURT. DATE OF JUDGMENT: 10/03/2013. TRIAL JUDGE: HON. M. RONALD DOLEAC. TRIAL COURT DISPOSITION: DENIED MOTION FOR OUT-OF-TIME APPEAL.

AFFIRMED.

FOR APPELLANT: DAVID NEIL MCCARTY.

FOR APPELLEE: AMANDA JANE PROCTOR, W. BENTON GREGG.

BEFORE GRIFFIS, P.J., CARLTON AND JAMES, JJ. LEE, C.J., IRVING, P.J., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

GRIFFIS, P.J.

¶1. This appeal considers the effect of an untimely notice of appeal.

¶2. Allison Hipwell Bruton and Charles Irvin Bruton Jr. (" Chuck" ) were married on August 3, 2002. Allison filed a complaint for divorce on April 24, 2012, and she was granted a divorce by a judgment entered on May 9, 2013.

¶3. By order dated May 22, 2013, Chuck was granted an extension, through May 31, 2013, to file a post-trial motion. On May 31, 2013, Chuck filed his motion for a new trial, amendment of the judgment,

Page 873

and/or clarification of the judgment. By order dated July 22, 2013, the chancellor granted a clarification, as to the payment of school tuition, and denied the remainder of Chuck's motion.

¶4. On August 22, 2013, Chuck filed a motion for a stay of the judgment of divorce pending appeal.

¶5. On August 30, 2013, Chuck filed a notice of appeal. The Clerk of the Mississippi Supreme Court docketed the case as 2013-CA-01488.

¶6. On September 4, 2013, in the chancery court, Chuck filed a motion for additional time to file a ...


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