301 So.3d 760
Miss. Ct. App.2020Background
- In 2002 Turnage purchased 119 Highland Cove, Ridgeland, MS, to house Mary Brooks and her two children; Turnage retained legal title.
- Mary sued for paternity/support in Bolivar County chancery court; final decree (2014) awarded Mary child support and ordered Turnage to pay 80% of Alex’s reasonable college expenses, including housing, and held Turnage’s prior allowing them to live in the house was a "gift."
- Turnage served eviction notices in October 2014; after noncompliance he filed unlawful-entry-and-detainer in Madison County (May 2016), asserting Alex’s right to possess expired when he turned 21.
- At bench trial the county court held Alex could occupy the Madison County home through May 31, 2018 based on the chancery decree; county court denied rent/fees. Circuit court affirmed.
- On appeal this Court concluded the county court erred in treating the chancery support order as giving Alex a possessory right to the home and reversed that holding; because Alex already vacated, eviction was moot.
- The Court reversed and remanded for the county court to determine reasonable compensation for use and occupation under the unlawful-entry-and-detainer statute.
Issues
| Issue | Turnage's Argument | Brookses' Argument | Held |
|---|---|---|---|
| Whether the county court lacked jurisdiction to modify/enforce the chancery decree | County court lacked authority to modify or enforce chancery support order | County court has exclusive jurisdiction over unlawful entry/detainer and could address possession/enforcement | County court had jurisdiction over possession claims (not void), but it should not modify or supplant chancery court’s continuing jurisdiction over support matters |
| Whether Alex had a possessory interest in the Madison County home based on chancery order for college housing | No possessory right; housing was a gift and Turnage could revoke possession | Chancery order requiring contribution to college housing gave Alex a right to occupy the house while in college | County court manifestly erred: chancery support award did not entitle Alex to possess the home; prior finding the housing was a "gift" precludes using it to offset support; Alex’s possession through May 2018 was improper (eviction now moot) |
| Whether Turnage is entitled to monetary recovery for use and occupation | Entitled to reasonable rent for period of wrongful occupancy (claimed ~$46,200) | No arrears of rent because occupancy was a gift; county court properly denied rent | Reversed and remanded: Turnage may prove and recover reasonable compensation under the unlawful-entry statute (§11-25-111); cannot be denied relief by treating possession as offset to child support |
Key Cases Cited
- Turnage v. Brooks, 213 So. 3d 103 (Miss. Ct. App. 2016) (prior appeal affirming chancery court’s ruling that housing provided by Turnage was a gift and not credit against child support)
- Richardson v. Callihan, 19 So. 95 (Miss. 1895) (unlawful entry and detainer actions are to try possessory rights)
- Issaquena Warren Ctys. Land Co. LLC v. Warren County, 996 So. 2d 747 (Miss. 2008) (priority-of-jurisdiction rule: first court with proper subject-matter jurisdiction should retain whole controversy)
- EMC Mortg. Corp. v. Carmichael, 17 So. 3d 1087 (Miss. 2009) (res judicata prevents relitigation of adjudicated claims)
- Bacallao v. Madison County, 269 So. 3d 139 (Miss. Ct. App. 2018) (standard of appellate review for county-court fact findings)
- Patel v. Telerent Leasing Corp., 574 So. 2d 3 (Miss. 1990) (judgment of county or circuit court in non-jury trial receives same deference as chancery decree)