Blake v. Wilson

962 So. 2d 705, 2007 WL 1121517
CourtCourt of Appeals of Mississippi
DecidedApril 17, 2007
Docket2006-CA-00780-COA
StatusPublished
Cited by5 cases

This text of 962 So. 2d 705 (Blake v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blake v. Wilson, 962 So. 2d 705, 2007 WL 1121517 (Mich. Ct. App. 2007).

Opinion

962 So.2d 705 (2007)

Christopher T. BLAKE and Robert Blake, Appellants
v.
Richard WILSON, Richard Lawrence, Ronnie Pennington, Sheriff of Rankin County, Mississippi, and Billy Luke, Appellees.

No. 2006-CA-00780-COA.

Court of Appeals of Mississippi.

April 17, 2007.
Rehearing Denied August 21, 2007.

*707 David M. Sessums, Vicksburg, attorney for appellants.

Jacqueline H. Ray, J. Lawson Hester, Jackson, attorneys for appellees.

Before MYERS, P.J., IRVING and BARNES, JJ.

IRVING, J., for the Court.

¶ 1. This appeal arises out of a civil suit filed by Christopher Blake and Robert Blake against Richard Wilson, Richard Lawrence, Ronnie Pennington, and Billy Luke.[1] The Blakes' claims are based on an incident involving the Rankin County Sheriff's Department's enforcement of a custody order. After discovery, the Rankin County Circuit Court granted summary judgment on behalf of the officers. Aggrieved, the Blakes appeal and contend that the court erred in extending discovery for the officers, in denying the Blakes' motion for recusal, in permitting a collateral attack on a Mississippi judgment, in granting summary judgment, and in upholding a Virginia custody order.

¶ 2. Finding no error, we affirm the summary judgment.

*708 FACTS

¶ 3. Christopher Blake and Lauren Blake were wed in Rankin County on December 28, 1996. Two children, Skylar and Hayden, were born to them in 1997 and 1999, respectively. Prior to May 2002, Christopher, Lauren, and the children lived in Virginia, where Christopher worked. In May 2002, Christopher returned to Mississippi with the children while Lauren remained in Virginia. In June of 2002, the children returned to Virginia, and in July of the same year, the 31st Judicial District Juvenile and Domestic Relations Court in Virginia granted custody of the children to Lauren.

¶ 4. In October 2002, Lauren and Christopher attempted to reconcile. In early November 2002, Christopher helped Lauren and the children move from Virginia to Mississippi with him. In December 2002, Lauren visited Virginia. Upon her return to Mississippi, Lauren informed Christopher that she wished to return to Virginia. In January 2003, Lauren took the children and moved back to Virginia.

¶ 5. Six months later, in June 2003, Lauren and Christopher met half-way between Virginia and Mississippi, or possibly met in Virginia.[2] At that time, Lauren willingly gave Skylar and Hayden to Christopher. Christopher and the children returned to Mississippi. In August 2003, Lauren came to Mississippi, where she took possession of Skylar, with whom she returned to Virginia. Hayden remained with Christopher; Christopher maintains that Lauren attempted to take both children at that time, but was able to take only Skylar.

¶ 6. On October 20, 2003, Lauren and Christopher both appeared at a temporary custody hearing in Rankin County, Mississippi. Temporary custody was granted to Christopher by the Rankin County Chancery Court. After the temporary order, Christopher went to Virginia to retrieve Skylar. On November 20, 2003, the Rankin County Chancery Court found that it had exclusive jurisdiction over the children and entered an order awarding permanent custody of the children to Christopher.

¶ 7. On June 1, 2004, the Virginia court modified its July 2002 custody order to include the following language: "The Court requests that all law enforcement, including but not limited to the Sheriff Department, Rankin County, Mississippi, assist in the enforcement of this order." Lauren filed the revised order in Mississippi with the Rankin County Chancery Clerk on June 2, 2004. That evening around seven o'clock, Lauren and officers from the Sheriff's Department arrived at the house of Robert Blake, Christopher's father, to enforce the Virginia order. Eventually, Richard Wilson and Richard Lawrence arrived and indicated that they were there on behalf of the Rankin County Sheriff's Department to help enforce the custody order.

¶ 8. Robert refused to grant the officers access to his home, and Christopher requested permission to leave and retrieve his Rankin County custody papers, which he had left at his own house. While Christopher was gone, Robert continued to refuse access to his house, wherein Skylar and Hayden were located, and was subsequently handcuffed and placed in a patrol car. According to Christopher, he returned with his custody papers, but the officers refused to look at them. Eventually, Christopher agreed to let the officers *709 return custody of the children to Lauren, although he requested that he be allowed to go to his house with the children in order to gather some of their belongings. On the way to his house, and once he was at his home, Christopher attempted to contact Judge Thomas Zebert, who had entered the Rankin County custody order. Lauren and the children left for Virginia while Christopher was still in his house.

¶ 9. Christopher eventually reached Judge Zebert, who spoke to Wilson and urged caution. Wilson informed Judge Zebert that custody had already been turned over to Lauren, and that there was nothing more that could be done. Since June 2, Christopher has returned to Virginia to attempt to regain custody of his children, but has not been able to do so. As a result of the incidents related above, the Blakes filed a civil suit against the law enforcement officers involved, alleging a variety of civil claims.

¶ 10. Additional facts, as necessary, will be related during our analysis and discussion of the issues.

ANALYSIS AND DISCUSSION OF THE ISSUES

1. Discovery

¶ 11. In their first contention of error, the Blakes claim that the court erred in allowing the officers to file discovery requests after the expiration of the period of time allowed by Rule 4.04 of the Uniform Rules of Circuit and County Court.[3] Specifically, the Blakes contend that the court was in error because the officers did not file a written motion requesting a discovery extension. The Blakes also object to the officers' drafting of an "Agreed Order" that was forwarded to the Court, but to which the Blakes never agreed. The Blakes' attorney wrote a letter objecting to the agreed order, and the officers maintain that this issue is procedurally barred because the letter, which was not included in the record before us, does not constitute a contemporaneous objection to the entry of a scheduling order.

¶ 12. "Trial courts have considerable discretion in discovery matters, and their decisions will not be overturned unless there is an abuse of discretion." Beck v. Sapet, 937 So.2d 945, 948-49(¶ 6) (Miss. 2006) (citing Robert v. Colson, 729 So.2d 1243, 1245(¶ 11) (Miss.1999)). "A trial court has the authority and indeed a duty to maintain control of [its] docket and ensure the efficient disposal of court business." Venton v. Beckham, 845 So.2d 676, 684(¶ 25) (Miss.2003) (citing Harris v. Fort Worth Steel & Mach. Co., 440 So.2d 294, 296 (Miss.1983)). We further note that the Mississippi Supreme Court has indicated that striking untimely filed responses and affidavits is a drastic measure that should be inflicted in limited circumstances. See Thompson v. Patino, 784 So.2d 220, 223-24(¶ 25) (Miss.2001) (citations omitted).

¶ 13. The officers' request for discovery was filed in early July 2005. The Blakes did not respond to the request until after the court entered its scheduling order which stated that discovery would close on September 30, 2005.

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