Legal Opinion · Concurring in part, dissenting in part

Cuccia v. Cuccia

Mississippi Supreme Court

Decided June 28, 2012No. 2010-CT-00083-SCTPublished

1Concurring in part, dissenting in partKitchens, Justice

¶ 29. Although I agree with reversing the judgment of joint custody by the Court of Appeals, it is not entirely clear why this Court’s majority reverses the chancellor’s grant of sole custody to the mother. The Court of Appeals was correct in finding that the chancellor’s Albright analysis was flawed, and I would not disturb that finding. Albright v. Albright, 437 So.2d 1003 (Miss.1983). Moreover, I cannot agree that it was error for the chancellor “not [to] issu[e] an injunction” against the mother, especially given the incomplete record on appeal. Maj. Op. ¶ 23. For these reasons, I…

2Cases cited7 opinions

  1. Albright v. AlbrightMississippi Supreme Court · 1983
  2. Hollon v. HollonMississippi Supreme Court · 2001
  3. Brekeen v. BrekeenMississippi Supreme Court · 2004
  4. Woodell v. ParkerMississippi Supreme Court · 2003
  5. Phillips v. PhillipsMississippi Supreme Court · 2004

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