Legal Opinion · Dissent

Cotton v. Cotton

Court of Appeals of Mississippi

Decided December 11, 2012No. 2011-CA-01709-COAPublished

1DissentRussell, J.

¶ 12. The majority finds that the chancery court’s order interpreting its prior judgment was necessary for purposes of clarifying the judgment. I find that no interpretation was needed, as the prior judgment was valid and clear on its face. The chancery court’s order is unauthorized under the Mississippi Rules of Civil Procedure; and, amending the prior judgment to add an additional retirement account was an abuse of discretion. For these reasons, I respectfully dissent.

DISCUSSION

¶ 13. I am compelled to address several of the majority’s factual statements that *1187are unsupported by the record in…

2Cases cited2 opinions

  1. Adcock v. Van NormanMississippi Supreme Court · 2005
  2. Howard v. McMurchyMississippi Supreme Court · 1936

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