201 So. 3d 500
Miss. Ct. App.2016Background
- Kenneth Stallings (pro se) and Meeka Allen are parents of Kendrique, born 1994; a 2000 chancery order required Kenneth to pay child support, provide health and dental insurance, and pay medical/dental/orthodontic/eye expenses not covered by insurance.
- In Feb. 2014 Meeka filed for contempt and modification, alleging Kenneth failed to provide dental insurance and pay other medical-related expenses; Kenneth was served and a hearing was set for Mar. 24, 2014.
- At the hearing Kenneth requested a continuance to obtain counsel; the chancellor denied the request and proceeded after both sides presented evidence and proposed findings.
- The chancery court increased Kenneth’s child support from $300 to $509/month, found him in contempt for failing to provide dental insurance and pay certain medical expenses, awarded Meeka $774.60 for dental-insurance premiums and $5,835.14 for medical payments, ordered payment of outstanding provider balances, and required Kenneth to supply the child’s dental/insurance cards.
- Kenneth moved for reconsideration, which was denied; he appealed raising denial of continuance, verbatim adoption of appellee’s proposed findings, contempt finding, and awards for insurance/medical expenses.
Issues
| Issue | Plaintiff's Argument (Stallings) | Defendant's Argument (Allen) | Held |
|---|---|---|---|
| Denial of continuance | Denial prejudiced him because he was unprepared and needed time to obtain counsel | He had 21 days notice (Rule 81 requires 7), had opportunity to secure counsel and was not prejudiced | No abuse of discretion; no manifest injustice or demonstrated prejudice |
| Adoption of appellee’s proposed findings verbatim | Adoption of Allen’s proposed order prejudiced Stallings | Trial courts may adopt party submissions; no prejudice shown | Permissible; not reversible if substantial evidence supports findings |
| Civil contempt for failing to provide dental insurance and pay medical expenses | He lacked knowledge of unpaid bills and offered oral payment exchanges; denies willfulness | Allen presented billing statements and proof she paid premiums and providers; Stallings produced no proof of payments or insurance for the child | Contempt affirmed: prima facie violation shown; Stallings failed to rebut with inability to pay or nonwillfulness |
| Award of dental-insurance premium and medical expense judgments | Payroll deductions proved he provided dental/insurance or paid premiums; statute-of-limitations and equitable defenses bar some claims | Allen showed she paid $774.60 for dental insurance (2008–2014) and submitted medical bills; Stallings did not raise statute-of-limitations below | Awards affirmed: Stallings failed to prove deductions were for child’s dental insurance and waived new defenses not raised in chancery court |
Key Cases Cited
- Pool v. Pool, 989 So. 2d 920 (Miss. Ct. App.) (continuance denial reviewed for abuse of discretion and prejudice)
- Rice Researchers, Inc. v. Hiter, 512 So. 2d 1259 (Miss.) (trial court may adopt party’s proposed findings)
- Thomas v. Scarborough, 977 So. 2d 393 (Miss. Ct. App.) (appellate deference to chancellor where substantial evidence supports findings)
- Evans v. Evans, 75 So. 3d 1083 (Miss. Ct. App.) (civil contempt enforces compliance; prima facie proof from failure to follow court order)
- Milam v. Milam, 509 So. 2d 864 (Miss.) (equitable bar where spouse fails to present bills or consult before care)