by Jake Adams
This post is for you Mississippi divorce lawyers out there.
In S.E.B. v. R.E.B., No. 2010-CA-00074-COA, a Hinds County divorce action, the Court of Appeals dismissed the appeal for lack of jurisdiction where the Judge declined to rule on the issue of child support in making her ruling in her judgment of divorce. “Due to (wife) not being employed at this time, the issue of child support will not be ruled on until such time in the future as the Court deems proper,” the Hinds County Chancellor wrote in the judgment.
Any time a divorce attorney sees the words “will not be ruled on until such time in the future,” in a judgment the red flags need to start waving that an appeal will require certification pursuant to Mississippi Rule of Civil Procedure 54(b). There was no such certification in this case and the appeal was dismissed.