120 So. 3d 405
Miss.2013Background
- M.E.V., a minor, was removed from her mother A.E.M.’s custody after DHS filed an abuse/neglect petition.
- Father C.V. lives in Texas; mother A.E.M. lives in Bolivar County, Mississippi.
- After periodic reviews, the youth court held a review hearing on July 20, 2011.
- The youth court awarded legal and physical custody to C.V. on a trial basis, conditioned on a home study.
- The court explicitly retained jurisdiction and ordered DHS to review the placement in six months.
- A.E.M. appealed the July 20, 2011 review order to the Mississippi Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the July 20, 2011 youth-court review order is a final, appealable judgment | A.E.M.: The order should be reviewable on appeal | State/Court: Order is interlocutory because custody was granted on a trial basis and court retained jurisdiction | Appeal dismissed — order is not final or appealable |
Key Cases Cited
- LaFontaine v. Holliday, 110 So.3d 785 (Miss. 2013) (appeals lie only from final judgments)
- Cotton v. Veterans Cab Co., Inc., 344 So.2d 730 (Miss. 1977) (final-judgment requirement for appeals)
- Sanford v. Bd. of Supervisors, Covington County, 421 So.2d 488 (Miss. 1982) (appeal is statutory and generally limited to final judgments)
- Banks v. City Fin. Co., 825 So.2d 642 (Miss. 2002) (final judgment ends litigation on the merits and leaves nothing for the trial court)
- M.W.F. v. D.D.F., 926 So.2d 897 (Miss. 2006) (court must determine appealability even if parties do not raise it)