312 So.3d 414
Miss. Ct. App.2021Background
- Jason and Trista Greer were married, separated, and attempted reconciliation; while separated Trista became pregnant and gave birth to a daughter in April 2018 who was given Jason’s surname.
- During divorce proceedings Jason contested the daughter’s paternity and requested genetic testing; the chancery court ordered genetic testing on October 2, 2018 and ordered Jason to schedule and pay for the tests within 30 days.
- Jason did not schedule, pay for, or submit to genetic testing and failed to appear at the final divorce hearing in October 2019.
- The chancery court granted Trista a divorce on adultery grounds, found both children were born to the marital union, ordered Jason to pay child support, and held him in contempt for violating an earlier temporary order.
- Jason appealed, arguing the court erred by not determining paternity before granting the divorce and that the divorce judgment was not final.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the chancery court erred by granting divorce before determining paternity | Greer: court should have resolved paternity (via genetic testing) before granting divorce | Trista: presumption of legitimacy applies; Jason waived testing by failing to comply with the court order | Court: presumption of legitimacy applies; Jason waived testing by noncompliance and paternity was resolved against him |
| Whether the divorce judgment was final | Greer: judgment not final because paternity remained unresolved | Trista: judgment was final because the court addressed divorce, paternity, support, and custody | Court: judgment was final—captioned "Final Judgment of Divorce" and disposed of all issues |
| Whether appellant’s arguments should be considered on appeal | Greer: raised errors about paternity and finality | Trista: appellate arguments lack supporting authority; procedural default | Court: appellant failed to cite controlling authority; failure to provide legal support precludes consideration on appeal |
Key Cases Cited
- Williams v. Williams, 843 So. 2d 720 (Miss. 2003) (standard of review for chancery-court factual findings)
- Rafferty v. Perkins, 757 So. 2d 992 (Miss. 2000) (strong presumption of legitimacy for children born during marriage)
- R.E. v. C.E.W., 752 So. 2d 1019 (Miss. 1999) (permitting court-ordered genetic testing and procedures to disestablish paternity)
- M.W.F. v. D.D.F., 926 So. 2d 897 (Miss. 2006) (when a divorce judgment is not final if it disposes of less than all claims)
- Scally v. Scally, 802 So. 2d 128 (Miss. 2001) (analysis of what constitutes a final judgment)
- Herrin v. Perkins, 282 So. 3d 727 (Miss. Ct. App. 2019) (appellant’s duty to cite legal authority; failure is a procedural bar)