99 So. 3d 1186
Miss. Ct. App.2012Background
- Bank filed interpleader to determine ownership of church funds; $28,669.73 deposited into registry.
- Church members split; deacons Montgomery and Gettis sought injunction to remove Rev. Frison from pulpit.
- Chancery Court appointed a special master to conduct a vote on retention of Frison; vote retained Frison as pastor.
- Special master certified the vote; court entered final judgment; Montgomery and Gettis objected but did not notice a hearing or file post-trial motions.
- Montgomery and Gettis appeal alleging (a) failure to hold hearing on objections, (b) Rule 53(g) noncompliance, (c) master overstepped authority, (d) unreasonable fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a hearing was required on objections | Montgomery/Gettis invoke Rule 53(g)(2). | Chancery Court erred by not holding a hearing on objections. | No error; no proper notice of hearing under Rule 53(g)(2). |
| Rule 53(g) compliance | Court violated timing and finality provisions. | Chancery Court did not err; objections not properly noticed or pursued. | No reversible error; issues not preserved. |
| Authority of the special master / finality | Special master acted beyond scope; finality language improper. | There was a lack of timely objection; issue waived. | Waived; no review of alleged excesses. |
| Attorney’s fees awarded to special master | Fees unreasonable and should be reviewed. | Issue not properly preserved; plain-error review inappropriate. | Not reviewed under plain error; affirmed. |
Key Cases Cited
- Miles v. Miles, 949 So.2d 774 (Miss.Ct.App.2006) (objections to master require proper notice of a hearing under Rule 53(g))
- Corporate Mgmt, Inc. v. Greene Cnty., 23 So.3d 454 (Miss.2009) (issues not raised below cannot be raised on appeal)
- In re Guardianship of Duckett, 991 So.2d 1165 (Miss.2008) (plain-error review standards for unpreserved errors)
- Pilgrim Rest Missionary Baptist Church v. Wallace, 835 So.2d 67 (Miss.2003) (standard for appellate review of micro-fact findings)
