Legal Opinion · Concurring in part, dissenting in part

Constance Fitzmaurice v. Charles Vandevort

Court of Appeals of Mississippi

Decided August 8, 2017No. 2015-CA-01798-COAPublished

1Concurring in part, dissenting in part

WILSON, J., CONCURRING IN PART AND DISSENTING IN PART:

¶ 32. I concur in Part II of the majority opinion, which holds that we lack jurisdiction of Constance Fitzmaurice's appeal from a non-final order in the estate case. However, I dissent as to Part I of the majority opinion, as I would affirm the chancellor's ruling that Fitzmaurice's petition for contempt in the conservatorship case was barred by Mississippi Code Annotated section 91-7-309.

¶ 33. The essential facts relevant to this appeal are not especially complicated. Charles Vandevort was appointed as Margarette Smith's conservator.…

2Cases cited3 opinions

  1. Conservatorship of Harris v. KingMississippi Supreme Court · 1985
  2. Barney v. BarneyMississippi Supreme Court · 1948
  3. Peyton v. LongoCourt of Appeals of Mississippi · 2007

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