Penny Carol Foust Waller v. Kenneth Neal Waller

IN THE SUPREME COURT OF MISSISSIPPI NO. 1998-CA-01067-SCT PENNY CAROL FOUST WALLER v. KENNETH NEAL WALLER DATE OF JUDGMENT: 06/08/1998 TRIAL JUDGE: HON. C. MICHAEL MALSKI COURT FROM WHICH APPEALED: LAFAYETTE COUNTY CHANCERY COURT ATTORNEY FOR APPELLANT: OMAR D. CRAIG ATTORNEY FOR APPELLEE: CLAUDE MELVIN DAVIS NATURE OF THE CASE: CIVIL - CUSTODY DISPOSITION: VACATED AND REMANDED - 01/13/2000 MOTION FOR REHEARING FILED: MANDATE ISSUED: 2/3/2000 BEFORE PITTMAN, P.J., McRAE AND SMITH, JJ. McRAE, JUSTICE, FOR THE COURT: ¶1. When a contested divorce is dismissed for failure of proof, the parties,…