Legal Opinion · Dissent

Carpenter v. Lyles

Court of Appeals of Mississippi

Decided May 28, 2013No. 2011-CP-01772-COAPublished

1DissentCarlton, J.

¶ 9. I respectfully dissent from the majority’s opinion. I would reverse the order of contempt due to ambiguity in the provisions of the agreed order and because the record reflects Carpenter complied with the agreed order as written.

¶ 10. I would remand the case to the chancellor to clarify the terms of the agreed order to ensure the order facilitates both the award of joint legal custody and the child’s best interests. The ambiguity of the provisions of the order as to the parties’ method of communicating, and as to what activities of the child must be communicated, allows for continuing…

2Cases cited13 opinions

  1. Morgan v. SwansonCourt of Appeals for the Fifth Circuit · 2011
  2. Bredemeier v. JacksonMississippi Supreme Court · 1997
  3. Cox v. MouldsMississippi Supreme Court · 1986
  4. Covington County School District v. MageeMississippi Supreme Court · 2010
  5. Giannaris v. GiannarisMississippi Supreme Court · 2007

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