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99 So. 3d 1186
Miss. Ct. App.
2012
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Background

  • 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)
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Case Details

Case Name: Gettis v. Frison
Court Name: Court of Appeals of Mississippi
Date Published: Oct 30, 2012
Citations: 99 So. 3d 1186; 2012 WL 5327607; 2012 Miss. App. LEXIS 664; No. 2011-CA-01011-COA
Docket Number: No. 2011-CA-01011-COA
Court Abbreviation: Miss. Ct. App.
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    Gettis v. Frison, 99 So. 3d 1186