IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO: 2015-CA COA VICTOR BYAS AND MARY BYAS CERTIFICATE OF INTERESTED PARTIES

Transcription

1 E-Filed Document Feb :23: CA COA Pages: 6 IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO: 2015-CA COA IN THE MATTER OF THE ESTATE OF VIVIAN BYAS, DECEASED VICTOR BYAS AND MARY BYAS APPELLANTS VS. PAULETTE BYAS APPELLEE CERTIFICATE OF INTERESTED PARTIES The undersigned counsel of record certifies that the following listed persons have an interest in the outcome of this case. These representations are made in order that the Justice of the Supreme Court, and/or Judges of the Court of Appeals, may evaluate possible disqualification or recusal. 1. Paulette Byas, Appellee; 2. Vallrie L. Dorsey, Dorsey & Gates, PLLC Counsel for Appellee; 3. Victor Byas, Appellant; 4. Mary Byas, Appellant; 5. Alsee McDaniel, Counsel for Appellants; 6. Honorable Marie Wilson, Chancellor SO CERTIFIED THIS 24 th day of February, Vallrie L. Dorsey, MSB Dorsey & Gates, PLLC P.O. Box 503 Greenwood, MS ATTORNEY FOR APPELLEE i

2 TABLE OF CONTENTS CERTIFICATE OF INTERESTED PARTIES... i TABLE OF CONTENTS... ii TABLE OF AUTHORITIES... iii STATEMENT OF SUPPLEMENTAL ISSUES... 1 STATEMENT OF THE FACTS... 1 SUMMARY OF THE ARGUMENT... 1 ARGUMENT... 1 A. Standard of Review... 1 B. Mary and Victor were personally served with a Summons and Copy of the Motion for Citation of Contempt in accordance with Mississippi Rules of Civil Procedure 81(d)(5). CONCLUSION... 3 CERTIFICATE OF SERVICE... 3 ii

3 TABLE OF AUTHORITIES Cases Burch v. Land Partners, L.P., 784 So.2d 925, 927 (Miss.2001)... 1 Rules Miss Rule Civ. Procedure 81(d)(5)... 2 Miss. Rule Civ. Procedure 81(d)(2)... 2 iii

4 STATEMENT OF SUPPLEMENTAL ISSUES 1. WHETHER MARY BYAS AND VICTOR BYAS WERE PROPERLY SERVED WITH THE CONTEMPT PETITION UNDER RULE 81(d)(5) OF THE MISSISSIPPI RULES OF CIVIL PROCEDURE. STATEMENT OF THE FACTS The Movant Paulette Byas filed the Motion for Citation of Contempt and Other Relief on October 27, 2014 with the Sunflower County Chancery Court. The Movant requested a court setting, and the matter was set by the court for February 12, 2015 at 9:00 am at the Washington County Courthouse in Greenville, MS. Summonses were issued by the Chancery Clerk of Sunflower County, Mississippi commanding both Mary Byas and Victor Byas to appear before the court on the Motion. The Summonses correctly set forth the date, time and location of the contempt hearing. The Summonses and Contempt Petition were personally served on Mary Byas on November 5, 2014 in Sunflower County, and on Victor Byas on November 6, 2014 in Sunflower County, MS. Both Mary and Victor signed the front of the returns which were filed on November 14, The contempt hearing was held on February 12, 2015 and both parties appeared pro se in the matter. SUMMARY OF THE ARGUMENT Both Mary and Victor were personally served in accordance with Mississippi Rules of Civil Procedure 81(d), and were therefore properly before the court at the February 12, 2015 contempt hearing. ARGUMENT A. Standard of Review. Whether the chancery court had jurisdiction to hear a particular matter is a question of law, to which this Court must apply a de novo standard of review. Burch v. Land Partners, L.P., 784 So.2d 925, 927 (Miss.2001) 1

5 B. Mary and Victor were personally served with a Summons and Copy of the Motion for Citation of Contempt in accordance with Mississippi Rules of Civil Procedure 81(d)(5). In a contempt action, summons shall issue commanding the defendant to appear and defend at a time and place certain for the hearing on the motion for contempt of court. Contempt actions are triable seven days after completion of service of process in any manner except by publication. See Miss. Rule Civ. Procedure 81(d)(2). Since this matter was set by the court for February 12, 2015, service on both Mary and Victor must have been completed by February 5, The Supplemental Records shows that Service was made as follows: Mary Byas: Personally served with a copy of the Summons and Contempt Petition on November 5, 2015 Return Filed on November 14, 2015 which was signed by the Victor Byas: Appellant Personally served with a copy of the Summons and Contempt Petition on November 6, 2015 Return Filed on November 14, 2015 which was signed by the Appellant Both parties were personally served with a summons and contempt petition more than three months prior to the hearing. Further, the summons on its face shows that it provided the information required by Miss Rule Civ. Procedure 81(d)(5) such as the date, time and location of the contempt hearing. 2

6 CONCLUSION Because the appellants were personally served with a summons and complaint in accordance with Miss. Rule Civ. Pro 81(d)(5) with more than seven days notice, the Appellee states that service was proper on both Mary and Victor providing them the required notice of the hearing on the Motion for Citation of Contempt. RESPECTFULLY SUBMITTED THIS 24 th day of February, Vallrie L. Dorsey, MSB Dorsey & Gates, PLLC P.O. Box 503 Greenwood, MS (662) (662) fax vdorsey@dorseygates.com Attorney for Appellee PAULETTE BYAS BY Vallrie L. Dorsey Her attorney CERTIFICATE OF SERVICE I, Vallrie L. Dorsey, do hereby certify that on this day, I electronically filed the foregoing Appellee s brief with the Clerk of Court using the MEC System which sent notification of such filing to the following: Alsee McDaniel Attorney At Law P.O. Box 546 Indianola, MS Honorable Marie Wilson Chancellor 9 th Judicial District P.O. Box 1762 Greenville, MS This this 24 th day of February, Vallrie L. Dorsey 3