Goodin v. Department of Human Services

772 So. 2d 1051, 2000 WL 1835816
CourtMississippi Supreme Court
DecidedDecember 14, 2000
Docket1999-CP-01728-SCT
StatusPublished
Cited by18 cases

This text of 772 So. 2d 1051 (Goodin v. Department of Human Services) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodin v. Department of Human Services, 772 So. 2d 1051, 2000 WL 1835816 (Mich. 2000).

Opinion

772 So.2d 1051 (2000)

John T. GOODIN
v.
DEPARTMENT OF HUMAN SERVICES, STATE OF MISSISSIPPI.

No. 1999-CP-01728-SCT.

Supreme Court of Mississippi.

December 14, 2000.

*1053 John T. Goodin, Appellant, pro se.

Darrell Clayton Baughn, Clinton, Attorney for Appellee.

Before PRATHER, C.J., McRAE AND DIAZ, JJ.

PRATHER, Chief Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. The Mississippi Department of Human Services ("DHS"), on behalf of Diana Goodin McKay ("McKay"), sought to enforce an Arizona child support order against John T. Goodin ("Goodin") in the Chancery Court of Winston County. The chancellor granted DHS' petition, and Goodin has appealed, asserting the following assignments of error:

ISSUES
I. The chancery court lacked personal jurisdiction over Goodin.
II. The chancellor abused his discretion in proceeding with trial when Goodin had no representation.
III. The chancellor abused his discretion in not recusing himself.
IV. DHS misstated the date Goodin and McKay divorced.
V. The chancellor abused his discretion in not considering Goodin's back injury in reaching a decision.
VI. The chancellor abused his discretion in overruling Goodin's objections at the September 15, 1999, hearing.
VII. The chancellor abused his discretion in not prorating child support arrearages owed by Goodin.
VIII. Goodin's character should be considered on appeal.
IX. The chancellor abused his discretion by preventing Goodin from completing his argument at the September 15, 1999, hearing.

In addition to these issues, DHS makes the following contention:

X. This Court should tax Goodin with the costs of this appeal and award statutory damages if it affirms the chancellor's decision.

STATEMENT OF FACTS

¶ 2. Goodin and McKay married in Mississippi and later became residents of Arizona where they eventually divorced. Pursuant to the divorce, the Superior Court of Cochise County, Arizona, ordered Goodin to pay $776 in monthly child support for the two unemancipated children born of this marriage.

¶ 3. After the divorce, McKay and the two children returned to Mississippi to live. McKay remarried and obtained employment at Melody Homes where, according to Goodin, she receives a sizable income. Goodin also returned to Mississippi, enrolling in classes at East Central Community College ("ECCC") in Decatur, *1054 Mississippi, where he has been a full-time student since August 1998, and working in Starkville, Mississippi, in the summer of 1999.

¶ 4. Goodin, by his own admission, did not pay child support between February 1998 and July 31, 1999, although he did remit a portion of his earnings from the summer of 1999 to McKay. Because Goodin had not paid child support in that period, DHS, on behalf of McKay, sought to enforce the Arizona order in Mississippi, filing a Petition to Enforce and Give Full Faith and Credit to a Foreign Child Support Judgment ("Petition") in the Chancery Court of Winston County, Mississippi.

¶ 5. Following the filing of the Petition, Goodin appeared before Chancellor Edward Prisock, and with the assistance of counsel opposite, objected to the court's jurisdiction over him, objected to service of process, and requested a continuance in order to obtain representation. After warning Goodin that he would have to represent himself if he did not obtain counsel, the chancellor granted Goodin a one month continuance.[1] When Goodin recturned for the September 15, 1999, hearing ("hearing"), he had not obtained counsel and was required to represent himself. At the hearing, Goodin raised four significant objections. First, Goodin again objected to the court's jurisdiction, stating that he was a resident of Arizona, not Mississippi. Second, Goodin claimed that, since the chancellor's law clerk had previously worked at DHS and had initiated the Petition, the chancellor should recuse himself. Third, Goodin contended that a motion for modification of his child support obligation was still pending in the courts of Arizona but provided no documentation for this argument. Finally, Goodin reciterated his previous position as to service of process, testifying that he had never been personally served, that service had been left with his mother at her home, and that he did not reside with her. Overruling Goodin's objections, the chancellor granted the Petition and entered an order for withholding, directing Goodin to continue to pay the $776 in monthly child support, to pay $75 per month toward his arrearages of $10,088, and to pay $1,000 within 20 days or be incarcerated. Aggrieved, Goodin has appealed.

STANDARD OF REVIEW

¶ 6. This Court's scope of review of the findings of a chancellor in domestic relations matters is limited. Pearson v. Pearson, 761 So.2d 157, 162 (Miss.2000). The findings of the chancellor will be overturned on appeal only if "manifestly wrong, clearly erroneous, or if the chancellor applied an erroneous legal standard." Id. at 162. No finding will be disturbed or set aside if supported by "substantial, credible evidence." Id.

¶ 7. These standards apply even though Goodin represented himself at the hearing and has now appealed without the assistance of counsel. This Court has stated that "[e]ven when a litigant is pro se, a court is to apply the same procedural and evidentiary requirements upon him." Dethlefs v. Beau Maison Dev. Corp., 511 So.2d 112, 118 (Miss.1987). Nonetheless, appellate courts generally afford such litigants some degree of leeway on appeal. See Johnson v. State, 154 Miss. 512, 513, 122 So. 529 (1929); Kellar v. Mississippi Employment Sec. Comm'n, 756 So.2d 840, 842 (Miss.Ct.App.2000) (reviewing pro se litigant's brief without supporting citations for "self-evident error for which no authority would be necessary"). As in Johnson and Kellar, this Court will review the record for any "self-evident" errors that need not be supported by citations.

LEGAL ANALYSIS

I. Did the chancery court possess personal jurisdiction over Goodin?

*1055 ¶ 8. Goodin contends that he is an Arizona resident as he still owns a house and is still a registered voter there and, therefore, is not subject to the jurisdiction of the Winston County Chancery Court. This Court, however, need not consider whether Goodin is a domiciliary as he was properly served process while physically present in Mississippi.

¶ 9. The United States Supreme Court has held that a nonresident of a State is subject to the jurisdiction of that State's courts if properly served process while physically present in that State. Burnham v. Superior Court, 495 U.S. 604, 628, 110 S.Ct. 2105, 2119, 109 L.Ed.2d 631, 650 (1990). One may properly serve process to a defendant in Mississippi by having the sheriff or his deputy physically deliver a copy of the summons and complaint to the defendant. Miss. R. Civ. P. 4(c)(2). Upon completion of physical service, the sheriff or deputy must file a "proof of service" form with the court. Miss. R. Civ. P. 4(f).

¶ 10. In the case sub judice, this Court finds Goodin personally subject to the jurisdiction of this State's courts under Burnham.

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Cite This Page — Counsel Stack

Bluebook (online)
772 So. 2d 1051, 2000 WL 1835816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodin-v-department-of-human-services-miss-2000.