Constance Fitzmaurice v. Charles Vandevort
Court of Appeals of Mississippi
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
- Conservatorship of Harris v. KingMississippi Supreme Court · 1985
- Barney v. BarneyMississippi Supreme Court · 1948
- Peyton v. LongoCourt of Appeals of Mississippi · 2007